32C-047 (3) Northampton,RTN 1-00647 4
Sincerely,
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
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 AUL 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.
. ! 3aC-
COMMONWEALTH OF MASSAC14USETTS � 00
z F EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS XJo /1C,�f �
DEPARTMENT OF ENVIRONMENTAL PROTECTION
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436 Dwight Street•Springfield,Massachusetts 01103• (413)784-1100 �(ff
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p�M SYev
JANE M.SWIFT BOB DURAND
Governor
Secretary
LAUREN A.LISS
June 6, 2002 Commissioner
Iris Realty, LLC
110 Pleasant Street
Northampton, MA 01060
Attn: Ira Elfinan
DEPT,D K(ii�Di
Robert Callander r *� tN�Ft�T Otis
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. Elfman 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 Plan(MCP). The Department's audit of this
site consisted of a RAO screening review, an AUL compliance review, and an AUL field
inspection to observe the condition of the area subject 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://w-ww.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
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