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32C-047 (2) Northampton,RTN 1-00647 4 Sincerely, �t z Catherine G. Wanat Section Chief, Audits/Site Management Bureau of Waste Site Cleanup cc: Pearl Street Properties, LLP, 125A Pleasant Street,Northampton, MA 01060 Alan Vadnais, 35 Gary Drive, Westfield, MA Northampton Chief Municipal Officer Northampton Health Department Northampton Zoning Code Enforcement Official Northampton Building Inspector Northampton Planning and Development Director William Mallio,LSP-of-Record(LSP #4966) Thomas M. Potter, Audit Coordinator,DEP-Boston WERO Audit File Data Entry: TSAUD, AUDINS l Northampton,RTN 1-00647 3 In order to ensure that the public: is aware of the restrictions that the AUL imposes at the site, the Department may issue a public notice identifying the site and the location of the AUL at the Registry of Deeds. Such notice may be published in a local newspaper and/or on the Internet. AUL FIELD INSPECTION AUDIT FINDING On May 30, 2002, the Department conducted an ALL field inspection at the location identified above to observe conditions related to the area subject to the AUL. In particular,the AUL field inspection focused on activities and uses consistent with the terms and conditions of the AUL and whether obligations and conditions required to maintain a condition of No Significant Risk were being met. Thomas Keefe of the Department conducted the site inspection. He observed pavement patches over the former underground storage tank and former bore hole areas, but there was no exposed soil. As a result of the site inspection, the Department did not identify any violations of the requirements applicable to the AUL at the site. LICENSED SITE PROFESSIONAL A copy of this letter has been sent to William Mallio, LSP #4966, the LSP-of-Record for the disposal site. LIMITATIONS & RESERVATION OF RIGHTS Please note that the screening review conducted by the Department on the RAO was not a comprehensive audit, and the Department reserves the right to conduct a comprehensive audit of the RAO at any time in the future. It is possible that a future comprehensive audit, if one occurs, may identify violations of applicable laws and regulations, may require you to undertake further response actions at the site, and may invalidate the AUL. The screening review is not a representation by the Department that the RAO complies with M.G.L. c.2 1E, 310 CMR 40.0000, or any other laws, regulations, or requirements. The Department's findings were based upon the accuracy and certainty of the information reviewed during the audit. These findings do not: (1)preclude future audits of past, current, or future actions at the site; (2) apply to actions or other aspects of the site that were not reviewed in the audit; (3) in any way constitute a release from any liability, obligation, action or penalty under M.G.L. c. 21E, 310 CMR 40.0000, or any other laws,regulations, or requirements. The Department retains authority to take or arrange, or to require any Responsible Party or Potentially Responsible Party to perform any response action authorized by M.G.L. c.21E,which the Department deems necessary to protect health, safety,public welfare, or the environment. If you have any questions regarding this letter or any requirements contained in it,please contact Catherine Wanat at(413) 755-2241. Please reference the Release Tracking Number 1-00647 in any future correspondence to the Department regarding the site. Northampton,RTN 1-00647 2 directing you to undertake further response actions at this time with regard to the RAO. Please note,however, that the review conducted by the Department on the RAO was not a comprehensive audit, and the Department reserves the right to conduct a comprehensive audit of the RAO at any time in the future. It is possible that a future audit of the RAO, if one occurs, may identify deficiencies and/or violations of applicable laws and regulations, and may require you to undertake further response actions at the site. SUMMARY OF AUL COMPLIANCE REVIEW The Department has established special procedures for reviewing AULs recorded on or before October 29, 1999, including the AUL Notice instrument submitted as part of the RAO for your site. Please note that these procedures do not apply to AULs recorded on or after October 30, 1999, and this Summary of AUL Compliance Review should not be relied upon to predict audit results for such AULs. Applying the procedures described above, the Department has identified errors related to the AUL instrument that require correction. Specifically: • Pursuant to 310 CMR 40.1074(2)(g), Form 1075 states that the Notice of AUL"shall be incorporated either in full or by reference into all deeds . . . whereby an interest in and/or a right to use the Property or an interest thereof is conveyed". The August 16, 2000 deed into the current owner, Iris Realty, LLC, does not reference the Notice of AUL. In addition, two previous deeds, recorded on August 5, 1998 and February 10, 2000, failed to include a reference to the AUL. • Pursuant to 310 CMR 40.1074(3), the Notice of AUL"shall be marginally referenced on the deed into the owner of the subject property." The Notice of AUL was not marginally referenced on the property owner's deed. To correct the errors, a corrective deed in which the Notice of AUL is incorporated either in full or by reference shall be recorded at the Hampshire County Registry of Deeds. The document recorded shall be marginally referenced on the deed conveying the property subject to the AUL from Alan Vadnais to Iris Realty, LLC (recorded at Book 6005, Page 273.) A certified Registry copy of the corrective deed and a copy of the first page of the deed recorded at Book 6005, Page 273 shall be submitted to the Department within 180 days of the date of this letter. The current owner must also give notice of the recording of the AUL to any interest holders who acquired their property interest after the current owner, but before the time of such recording. Alternatively, you may submit a new Response Action Outcome (RAO) Statement within 180 days of the date of this letter, documenting the achievement of a Class A-1, A-2 or B-1 RAO at the site (i.e. an RAO that does not rely on an AUL to maintain a level of No Significant Risk). This is an enforceable Interim Deadline issued pursuant to M.G.L. c. 21E, 310 CMR 40.0167 and 310 CMR 40.1140. If you do not meet this deadline you will be subject to enforcement action by the Department. The Notice of AUL restricts "Groundwater development or use." Notices of AUL are intended to address soil contamination only. Groundwater restrictions are not appropriate for inclusion in a Notice of AUL. COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS a d DEPARTMENT OF ENVIRONMENTAL PROTECTI0eE"" 436 Dwight Street•Springfield,Massachusetts 01103• (413)784-1100 p^M 5`ev JANE M.SWIFT BOB DURAND Governor Secretary UREN A.LISS June 6, 2C Commissioner 0 1 Ir RN 7 ; 1 Iris Realty, LLC i 110 Pleasant Street DEPT CIF K40 M,iHSFECT;ONS Northampton,MA 01060 Attn: Ira Elfinan Robert Callander 68 Blackberry Lane Northampton, MA 01060 Re: Northampton—RTN 1-00647 RAO, AUL Former City Auto Repair 110 Pleasant Street RAO SCREENING REVIEW SUMMARY OF AUL COMPLIANCE REVIEW AUL FIELD INSPECTION AUDIT FINDING Dear Mr. Elfinan and Mr. Callander: On July 25, 1997, the Department of Environmental Protection (the Department)received a Class A-3 Response Action Outcome (RAO) Statement and Activity&Use Limitation(AUL) for the above-referenced site. On August 5, 1998,the Legislature enacted the`Brownfields Act" which called on the Department of Environmental Protection to conduct targeted audits of sites at which AULs have been implemented in order to ensure that these sites are meeting the requirements of Massachusetts' laws and regulations, including Massachusetts General Law chapter 21E and the Massachusetts Contingency Pl P). The Department's audit of this site consisted of a RAO screening review, an AU compliance review, and an AUL field inspection to observe the condition of the are ubject to the AUL. RESPONSE ACTION OUTCOME (RAO) SCREENING REVIEW A screening review of the RAO was performed using a standard Department checklist. Examples of the Department's checklists are available on the Internet at http://www.state.ma.us/ dep/bwsc/audits.htm. Based on the screening review of the RAO, the Department is not This information is available in alternate format by calling our ADA Coordinator at(617)574-6872. DEP on the World Wide Web:http://www.mass.gov/dep 10 Printed on Recycled Paper