HomeMy WebLinkAboutMiscellaneous - 2350 TURNPIKE STREET 4/30/2018 (8)North Andover Health Department
Community Development Division
December 5, 2013
Re: Commonwealth Waste Transportation, LLC, 2350 Turnpike Street, North Andover,
MA 01845
To Whom It May Concern,
This letter is in response to a request regarding activity at the property known as 2350 Turnpike
Street, North Andover. More specifically, the request was regarding Commonwealth Waste
Transportation, a current occupant of the land. The North Andover Health Department has
reviewed its files and has found no recorded issues relating to the use of this land by
Commonwealth Waste Transportation.
If you have any questions regarding this letter, please contact me at the Health Department.
Thank u,
� u, --
S san Sawyer, REHS/R
Public Health Director
1600 Osgood Street, Bldg 20 Unit 2035, North Andover, Massachusetts 01845
Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com
W
Sawyer. Susan
From: Sawyer, Susan
Sent: Wednesday, December 04, 2013 3:01 PM
To: Ken Connolly (ken@commonwealthwaste.com)
Subject: RE: 2350 Turnpike Street
Mr. Connolly,
I have returned from some time off and came across your request. Though I am not sure if this is needed; I have the
following comment.
I reviewed the file for 2350 Turnpike Street and for Commonwealth Waste.
In regards for the use of the site at the above address, the Health Department has had no issue with your company.
If you need this on a letterhead, please let me know.
Thank you,
Susan
From: Sawyer, Susan
Sent: Thursday, November 21, 2013 6:14 PM
To: 'Ken Connolly'
Cc: steve(cbcommonwealthwaste.com; Grant, Michele; Brown, Gerald; Blackburn, Lisa
Subject: RE: 2350 Turnpike Street
Dear Mr. Connolly,
I received your voice and email regarding your request. I quickly pulled the file this evening and do not see anything
regarding your company in our files and I am not very familiar with the property.
I will be out until next Tuesday, at which time I can inquire with my Health Inspector and possibly the Inspector of
Buildings. Of course you could also call the Building Department yourself as well tomorrow. I have copied Mr. Brown on
your email for reference.
Assuming there is no negative feedback, the best I could offer may be a letter stating that I am unaware of any issues.
However, I will get have to get back to you.
It is unfortunate that you will need to leave NA to find a suitable site. Our Town Planner may be able to assist you on
finding available locations. Feel free to contact Judy Tymon with any questions in the Planning Dept.
Thank you
Susan
Susan Sawyer
Public Health Director
Town of North Andover
1600 Osgood Street
Suite 2035
North Andover, MA 01845
Phone 978.688.9540
Fax 978.688.8476
Email mailto:ssawver@townofnorthandover.com
V
Sawyer, Susan
From: Ken Connolly <ken@commonwealthwaste.com>
Sent: Thursday, November 21, 2013 1:39 PM
To: Sawyer, Susan
Cc: steve@commonwealthwaste.com
Subject: 2350 Turnpike Street
Dear Susan,
I left a voicemail on your office phone but wanted to follow up with an email.
We have operated our trucking business out of property we lease from NOMID Industrial Park at 2350 turnpike Street.
We have been operating from this location since July 1, 2010.
We recently found a, 5 useable acre, piece of industrial property in Haverhill. We would like to develop this parcel in
order to move our operations into our own facility. We are proposing to construct a 10,000+/- square foot building for
office and maintenance purposes. The industrial lot will allow us a substantial increase in our parking area. We currently
squeeze our fleet into a 20,000 square foot lot.
The City of Haverhill does not have a clear designation for the type of business we operate. Therefore, we are in the
process of applying for a special permit that will allow us to fall under the Interstate Trucking category. Although this is
not exactly what we do, it is our best option. Our consultants recommended that we reach out to your department and
request a brief letter stating there have been no issues with our business operations while in N. Andover.
As a resident of N. Andover, I am disappointed in the prospect of moving my company. I have been looking for over two
years and have not been able to find a suitable site within the Town.
I appreciate any help you can offer regarding this matter. Please feel free to contact me if you have any questions
concerning this request.
Sincerely,
Ken Connolly
Managing Partner
YAT
Commonwealth waste
Transportatl on, LLC.
Ken Connolly
Managing Partner
Commonwealth Waste Transportation, LLC.
300 Forest Street
Peabody, MA 01960
978-265-4482
978-535-5976 (fax)
ken@commonwealthwaste.com
Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records. For more
information please refer to: http://www.sec.state.ma.us/ore/preidx.htm.
Please consider the environment before printing this email.
Sawyer, Susan
From: Sawyer, Susan
Sent: Thursday, November 21, 2013 6:14 PM
To: 'Ken Connolly'
Cc: steve@commonwealthwaste.com; Grant, Michele; Brown, Gerald; Blackburn, Lisa
Subject: RE: 2350 Turnpike Street
Dear Mr. Connolly,
I received your voice and email regarding your request. I quickly pulled the file this evening and do not see anything
regarding your company in our files and I am not very familiar with the property.
I will be out until next Tuesday, at which time I can inquire with my Health Inspector and possibly the Inspector of
Buildings. Of course you could also call the Building Department yourself as well tomorrow. I have copied Mr. Brown on
your email for reference.
Assuming there is no negative feedback, the best I could offer may be a letter stating that I am unaware of any issues.
However, I will get have to get back to you.
It is unfortunate that you will need to leave NA to find a suitable site. Our Town Planner may be able to assist you on
finding available locations. Feel free to contact Judy Tymon with any questions in the Planning Dept.
Thank you
Susan
Susan Sawyer
Public Health Director
Town of North Andover
1600 Osgood Street
Suite 2035
North Andover, MA 01845
Phone 978.688.9540
Fax 978.688.8476
Email mailto:ssawver@townofnorthandover.com
Web www.TownofNorthAndover.com
O� taOq 11 7H S4
? O�
O
,A•
*�sS<CnVSf�
From: Ken Connolly [ma iIto: kenO)commonwealthwaste.com]
Sent: Thursday, November 21, 2013 1:39 PM
To: Sawyer, Susan
Cc: steve(abcommonwealthwaste.com
Subject: 2350 Turnpike Street
Dear Susan,
I left a voicemail on your office phone but wanted to follow up with an email.
We have operated our trucking business out of property we lease from NOMID Industrial Park at 2350 turnpike Street.
We have been operating from this location since July 1, 2010.
We recently found a, 5 useable acre, piece of industrial property in Haverhill. We would like to develop this parcel in
order to move our operations into our own facility. We are proposing to construct a 10,000+/- square foot building for
office and maintenance purposes. The industrial lot will allow us a substantial increase in our parking area. We currently
squeeze our fleet into a 20,000 square foot lot.
The City of Haverhill does not have a clear designation for the type of business we operate. Therefore, we are in the
process of applying for a special permit that will allow us to fall under the Interstate Trucking category. Although this is
not exactly what we do, it is our best option. Our consultants recommended that we reach out to your department and
request a brief letter stating there have been no issues with our business operations while in N. Andover.
As a resident of N. Andover, I am disappointed in the prospect of moving my company. I have been looking for over two
years and have not been able to find a suitable site within the Town.
I appreciate any help you can offer regarding this matter. Please feel free to contact me if you have any questions
concerning this request.
Sincerely,
Ken Connolly
Managing Partner
C11 �JT
Commonwealth Waste
Transportation, LLC.
Ken Connolly
Managing Partner
Commonwealth Waste Transportation, LLC.
300 Forest Street
Peabody, MA 01960
978-265-4482
978-535-5976 (fax)
ken@commonwealthwaste.com
Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records. For more
information please refer to: http://www.sec.state.ma.us/pre/preidx.htm.
Please consider the environment before printing this email.
tti.,f\AaA el
Town of North ,in Cic>vei'Jt• nSS
APPLICATION 3 OR.!°."::! " ''I^I?iPVff'10.1111'
I)11caLion is hereby made for pr.rmit t: C) (h � :�'t'I7_ (�'�.� ApplA cat- ..C'TI :I
• ade to install (X) a pump system. -
It, -'al -ion: Address%�� ?.o t r€.�
_ r _
tc. � j�( a.cldr. es s` • � �,s, il,.,,.�; ��, �i,ay �;, J. � °;'�.
L Contractor-,,KMMLy .IIF IAN WELLAddres• }�el • -_ �.__ _..._...
& PUMP SUPPLY CO. TNt:.
I' ,rnp Contractor 18 Newton Rd.. Rt. 108 Addre , S & PUMP ,'SI. PPLY CO, M.PLAISIOW, 11.m. 03865
•--------t 8
Pt AISTOW N.H 03865
I:},^ CONTRACTOR (To be completed at time or pt,rnp Lest,)
1;e of Well ��� ��'''�—We:l:1. t,,:c•.1 Lc,x (�-'�'"l�et2y, t���:,.�'�'_
�mc�ter oL Well Ga / `7 — Size C),C.-I ;'r,� �, ✓` _I>, c.
0.1i of Tied Rock !cl)
'.peal Tested? Yes No ( ) Dzi_c>. al:
W `' l_ ?.2.
F:' a r • i I 1 l - y ,c` t ^_: �"
tilt to Water f �;;Ti.r.I PC 1. P'i';.TI. )cur 4 a
:,w(lewn Op feet after pump.ing
of Completion A)�r'
'.'f :� .�"�- ;C :E' i, :f :. n .. .. .a' :if ): .0 ��' :. - :{ 1C.iC 1i'%C S'f :. .. : C 11 :. .. .. .. .• .. .. .. ... .. .. .. ., r, .. ..:Y .: >�C n .. .. }'C :.:i t )C n '.'' :!- ;:' :!" :C F *...x. *• J,.• �: t i
5
INSTALLER (To be" filled in- bcforcT :i,i:;,r 1.1t:i on)
c & Name Pump. .3e -so is __.._..... ___ _( ullip Type Used1
er Pump Delivers GPM Si , c:° cif !,,IIlk
I'; Iia Material Used in Well: Cast 1.i -on ( ) G. I1;nni z v ( ) Plastic cx,I
10 1l Pi.t (w) or 1)itIess Adapter )
sleeve used to protect j)ipe? Yes (�) r'Ir}Q rype or tsome Well Seal.__.
' --_____ice � r�"� ;_ _-��-'--_p... r,...., ' �..•�:�i.'�-`�__.... .
'ti �4 �t +h tit i� �' �4 �4 * �F �P �Y �4 ►� tiM �4 tk �� � t4 tlr tit �4 tY �� ►4 �F ter tilt r't t4 t4 ti4 Pr ti� 44 �� r 'Jr �; t �'r ti'r 5'r ,'; �� ? Q ; r � ,'7 }'� �7 � t'r S'! i �'� � t�.it � '� � � �4 s�. t� s� '�'
Water analysis r'eo6r—t submitted tc, fla:� d cif ir6artiIY k? C->
release given tD owner of record Ft 7ilrlc;= Insp—
peCtor
.Stevens Water Analysis,
38 Montvale Avenue • Stoneham, MA 02180 • Mass, (617),138-6114 = Salem, N.H. (603) 893-3106
LABORATORY NUMBER: 171348 SAMPLE DAZE: 12/8/88
SUBMITTED BY: McKinney Artesian Well & Pump
18 Newton Road., Rtt. 108
Plaistow, NH 03865
SAMPLE SOURCE: Eastern Technologies
New well/collected :Froin pump
2350 Turnpike Road,'No. Andover., MA
ANALYSIS: According to Standard Methods of Water and Wastewater Analysis,
16th Ed.
Total Coliform ....................... 0 per 100 m1
Chlorides ............................ 44 mg/L
pH.... ............................... 6.7
Hardness ............................. 126 mg/L
Manganese ...................... 0. 19
Sodium .....................:..... 22 ,r/I
c x Ikon .................................. .. 2;.i3 TorIL
Nitrate .............................. 0.36 mg/L
Nitrite .............................. less than 0.10 mg/1,11 j
a
{ ,COMMENT: The results of these analyses meet the required federal
and'state standards for drinking hater. However, the, iron,
,l manganese and sodium concentrations exceed the recommended
standards.
" Although iron and manganese are not harmful to yo1sr health,
they can affect the taste, Color- and odor of your water.
Iron, manganese and sodium z,re frequently found at elevated
levels in new wells; however, it is .likely that these cots
' centrations will decrease >sahen 1.11r sell is put -1 regular
use.
In Massachusetts the recomsae.nded sodium standard is 20
f� Mr+
t,iemist/Microbiologist
Town of North Andover t NORTH ,
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES p
;*
146 Main Street
KENNETH R. MAHONY North Andover, Massachusetts 01845 `°^,TED .�•'` �9
9SSACMUs�t
Director (508) 688-9533
May 24, 1995
Mr. Joseph Digrazia
DBA Flame Laminating Co.
2350 Turnpike Street '
North Andover, MA 01845
Certified Mail Z 782 308 040
RE: VIOLATIONS of the Wetlands Protection Act (310 CMR 10.00) and the
Town of North Andover Wetland ByLaw (Ch. 178 of the Code of North
Andover).
Dear Sir:
A site inspection at the above referenced property location on May 19, 1995 revealed
violations of the Massachusetts Wetlands Protection Act and local wetland ByLaw. As I
explained to you during this inspection, any activity proposed or undertaken within an
area specified in the Act (3 10 CMR 10.02)(1)(a) which will remove, fill, dredge or alter
that area is subject to regulation under M.G.L. c.131 SAO and requires the filing of a
Notice of Intent with the Conservation Commission.
Furthermore, any activity proposed or undertaken within 100' of an area specified in 310
CMR 10.02 (1)(a) (hereinafter called the Buffer Zone) which in the judgment of the
issuing authority, will alter an Area Subject to Protection under M.G.L. c.131 SAO is
subject to regulation and also requires the filing of a Request for Determination and/or a
Notice of Intent.
It is the opinion of this Department that approximately 2,000 square feet of Bordering
Vegetated Wetland (BVW) was filled with gravel, stone and sediment. Under the local
ByLaw a violation of this magnitude is subject to a $200.00 per day fine. Each day that
the violation is not rectified is constituted as a separate offense and subject to additional
fines. At this time I am not issuing a fine.
As we discussed, I will pursue the contact which you provided me with. Please
understand that I reserve the right to issue a fine at any time this Department deems
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Julie Parrino D. Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell
necessary with the intended result of wetland restoration. I also reserve the right to hold
you responsible as the landowner of record should I fail to locate additional contacts.
I am requesting your presence before the North Andover Conservation Commission
(NACC) on Wednesday June 7, 1995 at 7:00 p.m. Appearing before the board allows for
an opportunity to explain your present situation and discuss ways in which this matter can
be resolved efficiently. This hearing will take place in the Senior Center located behind
the Old Town Hall.
Your future cooperation with regards to this matter is appreciated. If you have any
questions or concerns please do not hesitate to contact this office.
Thanking you in advance.
Sincerely,
Michael D. Howard
Natural Resource/Land Use Planner
cc: NACC
Mr. Ken Mahoney, Director of Community Development & Services
Department of Environmental Protection - NERO
Bob Nicetta, Building Inspector
Sandra Starr, BOH Agent
107 Forest St. g�PP`N
F1iatV MA 01939 S-91\0av�C�
ste u\\mer
f
FORM 4 - SYSTEM PU1\'IPiNG RECORD
*.yogffMassachusetts owzdth of Massachusetts
aystem Location
-fv BOARD OF r T111�
PFA
Quantity Pumped�t� ,-Sag)allons
i ank: No ❑ Yes
License #:
Inspector /
RES, wifF.Mu Me
om
107 Forest st.
t4jdtUe" MA 01949
FORM 4 - SYSTEM PUI PLNG RECORD
JI.A. C �o�th of Massachusetts
44, Massachusetts
System Pumping Record
z5yste ,u%%mer / System Location
Date of Pumping:
Cesspool: No'
Yes ❑
•{pv N of Ib ;
so�
t
§y
-o
Quantity Pumped gallons
Septic Tank: No ❑
Yes
System Pumped b\ : / -1 License #:
Contents transferred to:
Date 7
Inspector /-
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BOARD OF HEALTH OF NORTH ANDOVER, MASSACHUSETTS
SEWAGE DISPOSAL
DATE July 13, 1963
NAME OF APPLICANT Eastern Tank Company
LOCATION Turnpike Stpeet
Address of lot no.
BUILDING: Dwelling Other d
SYSTEM: New X
Repair
GENERAL DESCRIPTION OF LAND High
SUBSOIL: Clay GravelSand y -Clay
PERCOLATION TEST 5 minutes per inch.
MINIMUM INSTALLATION RECOMMENDATIONS
CONCRETE SEPTIC TANK 2,000 gallon capacity.
LEACH FIELD 400 `lineal feet of drain pipe.
BED 2,000 Sq. Ft. Absorption Area
Ly',' a
—z--
William J. D i coli, Enginee
Board of Health
%ARD
tjdli'I N MA,
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4bA
William F. Weld
Governor
Daniel S. Greenbaum
Commissioner
Commonwealth of Massachusetts
Executive Office of Environmental Affairs
Depeirtment of
Environmental Protection
Metro Boston/Northeost f�egional Office
Eastern Technology Limited
2350 Turnpike Street
North Andover, MA 01845
I
L
-� 1c�0 7
n EB �`�
' Noncompliance with G.L.C. 111,
ss 142A 142H and'310 CMR 7.00
DEP Air Pollution Control
Regulations
Notice No. NON -NE -94-7008
AQCR 121 Plant I.D. No. 0426
FMF Facility No. 134179
NOTICE OF NONCOMPLIANCE
THIS IS AN IMPORTANT NOTICE. FAILURE TO TAKE ADEQUATE ACTION IN
RESPONSE TO THIS NOTICE COULD RESULT IN SERIOUS LEGAL CONSEQUENCES
Attention: Environmental Compliance Manager
Department of Environmental Protection, Division of Air
Quality control personnel have observed that activity occurred at
2350 Turnpike Street, North Andover, Massachusetts in noncompliance
with one or more laws, regulations, orders, licenses, permits, or
approvals enforced by the Department.
Enclosed is a Notice of Noncompliance which describes (1) the
activity referred to above, (2) the requirements violated, (3) the
action the Department now wants you to take, and (4) the deadline
-for---tak-ing-such-action An -administrative -penalty -may -lie -asses -sed -----
for every day from now on that you are in noncompliance with the
requirements described in this Notice of Noncompliance.
Notwithstanding this Notice of Noncompliance, the Department
reserves the right to exercise the full extent of its legal
authority in order to obtain full compliance with all applicable
requirements, including, but not limited to, criminal prosecution,
civil action including court -imposed civil penalties, or
administrative penalties assessed by the Department.
10 Commerce Way • Woburn, Massachusetts 01801 0 FAX (617) 935-6393 • Telephone (617) 935-2160
4 41 A
Eastern Technology Limited
Page ---2--
If
--
If you have any questions about this matter, please contact
Ms. Marjorie Aleo of this office at the address and telephone
number appearing on the letterhead.
Please include reference to Notice No. NON -NE -94-7008 in any
written response to this Yotice.
Very truly yours,, Q
j%o/ James E. Belsky
Permitting Chief,
Bureau of Waste Prevention
JEB/ma/pdb
CC: DEP, One Winter Street, Boston, MA 02108
ATTN: Karen Regas
Diane Schachter, Esquire
Fire Dept., 124 Main St., N. Andover, MA 01845
Board of Health, Town Bldg., N. Andover, MA 01845
Marjorie Aleo NERO
CERTIFIED MAIL
Eastern Technology Limited
-- - Notice --of-Noncompliance ---
NOTICE OF NONCOMPLIANCE
NONCOMPLIANCE SUMMARY
NAME OF ENTITY IN NONCOMPLIANCE:
Eastern Technology Limited
LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED:
2350 Turnpike Street, North Andover, Massachusetts
DATE WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED:
August 12, 1993
DESCRIPTION OF NONCOMPLIANCE:
According to Department records, you own, lease, operate or control
miscellaneous metal parts and products coating line(s) which have
the potential to emit equal to or greater than ten tons per year
(tpy) of volatile organic compounds (VOC). Such facilities were to
have filed an Emission Control Plan (ECP) with the Department by
August 12, 1993. To date, the Department has no record of receipt
of an ECP from you.
DESCRIPTION OF THE REQUIREMENT(S) NOT COMPLIED WITH:
Regulation 310 CMR 7.18(11) states, in part, that " no person who
owns, leases, operates, or controls a miscellaneous metal parts and
products coating lines which has the potential to emit equal to or
------------greater--than--ten-tons -per-year -of -volatile--organ±c---compounds--,--shall - - -
cause, suffer or permit emissions of volatile organic compounds in
excess of the emission limitations set forth in 310 CMR 7.18
(11) (b) . "
Regulation 310 CMR 7.18(20) states, in part, that "any person who
owns, leases, operates or controls a facility which becomes subject
to 310 CMR 7.18 after January 1, 1992, shall submit an emission
control plan to the department for review and approval by the
Department prior to implementation of RACT. The plan must be
submitted to the Department within 180 days of the date the
facility first meets the applicability requirements of 310 CMR
7.18, or the date of promulgation for that section of 310 CMR 7.18,
whichever is latest."
Regulation 310 CMR 7.02(12) states, in part, that: "any person who
owns, leases, operates or controls a facility may apply to the
Eastern Technology Limited
Notice -of Noncompliance-----
Paae -2-
Department for a permit restriction that will limit emissions from
that facility."; "Permit restriction may be used to lower potential
emissions below RACT applicability thresholds for volatile organic
compounds (310 CMR 7.18); and "Permit restrictions so as to avoid
RACT requirements at ... 310 CMR 7.18 et seq. ..will only be available
if actual emissions from the facility have not exceeded a threshold
contained in 310 CMR 7.18 et seq... on or after January 1, 1990."
ACTION TO BE TAKEN, AND THE DEADLINE FOR TAKING SUCH ACTIONS:
1. Within sixty (60) days of receipt of this Notice, Eastern
Technology Limited shall either:
a) Provide this Office with adequate documentation that the
subject facility's potential VOC emissions are not equal to
or greater than ten tpy; or
b) Submit a fully completed Permit Restriction
application (copy of pertinent forms enclosed) to this Office,
if applicable; or
c) Submit a fully completed Emission Control Plan (copy of
pertinent forms enclosed) to this Office, if applicable.
2. Should you be subject to either l.b) or l.c) above, within
sixty (60) days of receipt of this Notice, pursuant to 310 CMR
4.04(3)(b) and due to this enforcement action the Department
requires you to pay DOUBLE the permit application fee for either an
Emission Control Plan (310 CMR 4.10 (2)(d) or a Permit Restriction
(310 CMR 4.10 (2)(e), whichever is applicable to you.
- - - - --- -
,111 -7p, -James E. Belsky
Permitting Chief
Bureau of Waste Prevention
MMPP.ETL
Daniel S. Greenbaum
Commissioner
Eastern Technology, Ltd.
C/O Mr. Harley W. Waite
Pinewood at Lynnfield
Kimball Lane
Lynnfield, MA 01940
Dear Mr. Waite:
RE: NORTH ANDOVER -Metropolitan
Boston/Northeast Region
310 CMR 7.18 (11) - Surface
Coating of Miscellaneous Metal
Parts and Products
310 CMR 7.12 - Inspection
Certification, Record Keeping
and Reporting
COMPLIANCE LETTER
The Metropolitan Boston/ Northeast Region of the Department of
Environmental Protection, Division of Air Quality Control, on
September 27, 1990 issued an Administrative Order and Notice of
Noncompliance (Notice No 3090010) to Eastern Technology, Ltd.
(Eastern). This Order concerned the applicability and compliance
status with regards to Regulation 310 CMR 7.18 (11) - Surface
Coating of Miscellaneous Metal Parts and Products and Regulation
310 CMR 7.12 - Inspection Certification, Record Keeping and
Reporting at the Eastern facility located at 2350 Turnpike Street
in North Andover.
On October 30, 1990 a meeting was held between representatives
of Eastern and Department personnel to discuss the September 27,
1990 Order and its resolution. It was agreed at this meeting that
Eastern would complete Source Registration forms for the facility
for the 1988 and 1989 record years. Based on this information, an
applicability determination regarding Regulation 310 CMR 7.18 (11)
would be made.
On November 26, 1990 Eastern delivered completed 1988 and 1989
record year Source Registration forms to the Department. Review
of this information by Department engineers indicated an incorrect
method of determining emissions from the facility was used in
preparing these forms, and the resulting information submitted was
incorrect. The Department requested Eastern to submit revised
Source Registration forms.
Original Printed on Recycled Paper
LL
-� _.Eastern-Technology,.Ltd.
-_ _-=--_- On --January- 16, 1991 Eastern submitted revised Source
Registration forms. These forms indicated that in the 1988 record
year Eastern emitted 7.4 tons of volatile organic compounds (VOC)
from painting operations, 3.0 tons from parts cleaning and
degreasing and 3.8 tons from equipment cleaning; in the 1989 record
year Eastern emitted 23.0 tons of volatile organic compounds (VOC)
from painting operations, 9.1 tons from parts cleaning and
degreasing and 21.6 tons from equipment cleaning. Since VOC
emissions from painting operations at the facility have never
exceeded the 25 ton per year threshold specified in Regulation 310
CMR 7.18 (11) (a), Eastern is currently not subject to the emission
limitations specified in Regulation 310 CMR 7.18 (3.1) (b).
Based on the information above, Eastern has satisfied its
requirements under the Administrative Order and Notice of
Noncompliance (Notice No 3090010) issued by the Department on
Eastern had submitted an application for a stack height
increase at its North Andover facility (Application No. MBR -89 -IND -
209). Since this stack modification will not result in increased
emissions it is considered exempt under Regulation 310 CMR 7.02.
Should you have any questions concerning this matter please
do not hesitate to contact James E. Belsky, Air Quality Section
Chief.
Very truly yours
(�l /
hz e z 6 6
Edward H. MacDonald
Regional Engineer
for Waste Prevention
EHM\Ewal\wal
cc Board of Health, Town Building, North Andover, MA 01845
Fire Headquarters, 124 Main Street, North Andover, MA 01845
Julie Ingoli, DEP AQ NERO
September 27, 1990.
__..---_-
Please be advised that should Eastern Technology, Ltd. emit
in excess of 25 tons of VOC per year
from painting operations at
its facility it would then be subject
to the emission limitations
specified in Regulation 310 CMR 7.18
(11) (b) .
Please be further advised that
Eastern Technology, Ltd. is
currently classified as a non -major
stationary source for the
purposes of Regulation 310 CMR 7.12.
As such, Eastern will be
required to file source registration
information once every three
_---
years. Please refer to Regulations 310
CMR 7.12 (1) (a) & (b) and
__-
310 CMR 7.12 (4) for greater detail.
Eastern had submitted an application for a stack height
increase at its North Andover facility (Application No. MBR -89 -IND -
209). Since this stack modification will not result in increased
emissions it is considered exempt under Regulation 310 CMR 7.02.
Should you have any questions concerning this matter please
do not hesitate to contact James E. Belsky, Air Quality Section
Chief.
Very truly yours
(�l /
hz e z 6 6
Edward H. MacDonald
Regional Engineer
for Waste Prevention
EHM\Ewal\wal
cc Board of Health, Town Building, North Andover, MA 01845
Fire Headquarters, 124 Main Street, North Andover, MA 01845
Julie Ingoli, DEP AQ NERO
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
METROPOLITAN BOSTON - NORTHEAST* REGIONAL OFFICE I
WILLIAM F. WELD TRUDY COXE
Governor Secretary
ARGEO PAUL CELLUCCI DAVID B. STRUHS
Lt. Governor Commissioner
URGENT LEGAL MATTER: PROMPT ACTION NECESSARY
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
DEC ti 19%
Nomid Trust RE: NORTH ANDOVER
319 Lowell Street Former Eastern Tank
Lynnfield, MA 01940 of Peabody
Attn: Joseph DiGrazia 2350 Turnpike Street
RTN # 3-1204
NOTICE OF RESPONSIBILITY
& INTERIM DEADLINES;
M.G.L. c. 21E & 310 CMR
40.0000
Lear Mr. DiGrazia:
Information available to the Department indicates that there
is or has been a release of oil and/or hazardous material at the
above -referenced property. The DEP received a May 1984 report
entitled: "Environmental Site Assessment, Eastern Tank Site,
Andover, MA Phase II and III" (Note that the site is actually in
North Andover). The report, prepared by Goldberg-Zoino &
Associates, indicates that a release of chlorinated and other
volatile organic compounds (VOCs) occurred at the subject property.
The term "release" refers to both a recent, sudden spill of oil
and/or hazardous material or "historical" oil and/or, hazardous
material contamination that is identified through some level of
investigation.
Based on this information, the Department has reason to
believe that the subject., property or portion(s) thereof is a
disposal site as defined in the Massachusetts Oil and Hazardous
Material Release Prevention and Response Act, M.G.L. c. 21E, and
the Massachusetts Contingency Plan, 310 CMR 40.0000 (the MCP). The
assessment and cleanup of disposal sites is governed by M.G.L. c.
21E and the MCP.
The purpose of this notice is to inform you of your legal
responsibilities under state law for assessing and/or remediating
the subject release. For purposes of this notice, the terms and
phrases used herein shall have the meaning ascribed to them by the
MCP unless the text clearly indicates otherwise.
10 Commerce Way 0 Woburn, Massachusetts 01801 0 FAX (617) 932-7615 0 Telephone (617) 932-7600 • TDD X (617) 932-7679
NOMID-NOR/ID
z Page 2
STATUTORY LIABILITIES
The Department has reason to believe that you (as used in this
letter, "you" refers to Nomid Trust) are a Potentially Responsible
Party (a PRP) with liability under M.G.L. c. 21E, § 5, for response
action costs. Section 5 makes the following parties liable to the
Commonwealth of Massachusetts: current owners or operators of a
site from or at which there is or has been a release/threat of
release of oil or hazardous material; any person who owned or
operated a site at the time hazardous material was stored or
disposed of; any person who arranged for the transport, disposal,
storage or treatment of hazardous material to or at a site; any
person who transported hazardous material to a transport, disposal,
storage or treatment -site from which there is or has been a.
release/threat of release of such material; and any .person who
otherwise caused or is legally responsible for a release/threat of
release of oil or hazardous material at a site.
This liability is "strict", meaning it is not based on fault,
but solely on your status as an owner, operator, generator,
transporter or disposer. It is also joint and several, meaning
that you may be liable for all response action costs incurred at
the site, regardless of the existence of any other liable parties.
The MCP requires responsible parties to take necessary
response actions at properties where there is or has been a release
or threat of release of oil and/or hazardous material. If you do
_iot take the necessary response actions, or fail to perform them in
an appropriate and timely manner, the Department is authorized by
M.G.L. c. 21E to have the work performed by its contractors. By
`.•.?i:i ng such actions, you can avoid liability for response action
costs incurred by the Department and its contractors in performing
these actions, and any sanctions which may be imposed for failure
to perform response actions under the MCP.
You may be liable for up to three (3) times all response
action costs incurred by the Department. Response action costs
include, without limitation, the cost of direct hours spent by
Department employees arranging for response actions or overseeing
work performed by persons other than the Department or their
contractors, expenses incurred by the Department in support of
those direct hours, and payments to the Department's contractors.
(For more detail on cost liability, see 310 CMR 40.1200.)
The Department may also assess interest on costs incurred at
the rate of twelve percent (120), compounded annually. To secure
payment of this debt, the Commonwealth may place liens on all of
your property in the Commonwealth. To recover the debt, the
Commonwealth may foreclose on these liens or the Attorney General
may bring legal action against you.
In addition to your liability for up to three (3) times all
response action costs incurred by the Department, you may also be
liable to the Commonwealth for damages to natural resources caused
by the release. Civil and criminal liability may also be imposed
under M.G.L. c. 21E, § 11, and civil administrative penalties may
NOMID-NOR/ID
Page 3
be imposed under M.G.L. c. 21A, § 16 for each violation of M.G.L.
C. 21E, the MCP, or any order, permit or approval issued
thereunder.
ACTIONS TAKEN TO DATE AT THE SITE
The following response actions have been conducted at the
subject site: An equivalent of a Phase I study has been performed.
The on-site drinking water wells and other monitoring wells have
been analyzed and subsequently, one on-site drinking water well has
been recommended for closure as a result of the detected VOC
contamination.
NECESSARY RESPONSE ACTIONS
The subject site shall not be deemed to have had all the
necessary and .required response actions taken unless and until all
substantial hazards presented by the site have been eliminated and
a level of No Significant Risk exists or has been achieved in
compliance with M.G.L. c. 21E and the MCP. In addition, the MCP
requires persons undertaking response actions at disposal sites to
perform Immediate Response Actions (IRAs) in response to "sudden
releases", Imminent Hazards and Substantial Release Migration. Such
persons must continue to evaluate the need for IRAs and notify the
Department immediately if such a need exists.
The Department has determined that the following response
actions are necessary at the subject site:
Additional Comprehensive Response Actions pursuant to 310 CMR
40.0800 are necessary. If the site has not yet been classified
pursuant to 310 CMR 40.0500, a completed Tier Classification
Submittal, and, if appropriate, a completed Tier I Permit
Application pursuant to 310 CMR 40.0700, must be submitted to
DEP within one year of the initial date notice of a release is
provided to the Department pursuant to 310 CMR 40.0300 or from
the date the Department issues a Notice of Responsibility
(NOR), whichever occurs earlier, unless an Response Action
Outcome is submitted earlier.
You must employ or engage a Licensed Site Professional (LSP)
to manage, supervise or actually perform the necessary response
actions at the subject site. In addition, the MCP requires persons
undertaking response actions at a disposal site to submit to the
Department a Response Actions Outcome (RAO) Statement prepared by
an LSP in accordance with 310 CMR 40.100 upon determining that a
level of No Significant Risk already exists or has been achieved at
a disposal site or portion thereof. [You may obtain a list of the
names and addresses of these licensed professionals from the Board
of registration of Hazardous Waste Site cleanup Professionals at
(617) 556-1091.1
NOMID-NOR/ID
• Page 4
INTERIM DEADLINESS) FOR COMPLIANCE WITH THE MCP
Revisions to the Massachusetts Contingency plan became
effective on October 1, 1993. Information available to the
Department indicates that all of the response actions necessary to
achieve a level of No Significant Risk at the subject site were not
taken and/or completed as of October 1, 1993. Therefore,
additional response actions must now be conducted in accordance
with M.G.L. c. 21E and the revised MCP, 310 CMR 40.0000.
The MCP allows the Department to establish and enforce
reasonable Interim Deadlines consistent with M.G.L.c.21E in order
to establish timeframes for responsible parties to perform response
actions at disposal sites for which notification of a
release/threat of release was received prior to October 1, 1993,
and for which additional response actions pursuant to the MCP are
required after October 1, 1993. In light of this, you are hereby
notified that at a minimum, the necessary response actions at the
subject site must be conducted within the following interim
Deadlines:
(1.) Within one year of the date of the issuance of this
letter, you must either:
A. submit to the Department a Response Action Outcome
Statement (e.g., after completion of an Immediate
response Action (IRA) or Release Abatement Measure
(RAM) for the subject site pursuant to 310 CMR
40.1000; or
B. classify the subject site as either a Tier I or
Tier II disposal site in accordance with 310 CMR
40.0500.
(2.) Within 30 days of the date of the issuance of this
letter, you must notify the Department in writing
acknowledging that you have been notified of and
understand your obligation to undertake the response
actions at the subject site pursuant to the timeframes
established herein and in accordance with 310 CMR
40.0000.
If you fail to voluntarily undertake the response action(s)
necessary at the subject site within the Interim Deadlines(s)
established herein, the Department may perform such response
actions and seek to recover the Department's costs and /or may
initiate other appropriate enforcement actions to ensure that such
response actions are conducted. The Department's decision to
establish one or more Interim Deadlines in accordance with 310 CMR
40.0167 is not subject to M.G.L. c. 30A or any other law governing
adjudicatory proceedings.
It is important to note that you must dispose of any
Remediation Waste generated at the subject location in accordance
with 310 CMR 40.0030 including, without limitation, contaminated
soil and/or debris. Any Bill of Lading accompanying such waste
NOMID-NOR/ID
• Page 5
must bear the seal and signature of an LSP or, if the response
action is performed under the direct supervision of the Department,
the signature of an authorized representative of the Department.
The Department encourages parties with liabilities under
M.G.L. c. 21E to take prompt action in response to releases and
threats of release of oil and/or hazardous material. By taking
prompt action, you may significantly lower your assessment and
cleanup costs and avoid the imposition of, or reduce the amount of,
certain permit and annual compliance fees for response actions
payable under 310 CMR 4.00.
If you have any questions relative to this notice, you should
contact Valerie Thompson at the letterhead address or (617) 932-
7705. All future communications regarding this release must
reference the Release Tracking Number (RTN #) contained in the
subject block of this letter.
Very truly yours,
ral'41e7�1-1-
,
Valerie Thomspon
Environmental Analyst
S ephen M. Jo n n
Section Chief, Site Management:
Bureau of Waste Site Cleanup
CC: North Andover Board of Health
Division of Response and Remediation
DEP data base/file
/NORTIy
16 6VO
�Q
O
T + !A—
LAMIo
4
cocniCtitw,CK
A04ATE0 PP? QL\
9SSACHU,
APPLICATION
FOR CcRTIFICA= OF
OCCUP-XNCV-/INSPECTION
ADDRESS/LOCATION OF
PROPEMTY: 7�\C\-�-yJL\-
23 5O
DATE REQUEST FILED/READY FCR INSPECTION:
CLOSING DATE ON PROPE'RT`Y:
FIVE (5) DAYS NGTICE PRIOR TO CLC-SiVG DATE IS REQUIRED.
ALL WORK AND SIGN -OF ---S MUST BE C^MPLET£D WITHIN THIS TIME FRAC.
A RE -INSPECTION FEES OF T'm�'TY DOLLARS ($20.00) WILL BE CHARGED I;
THE STRUCTURE DOES NCT :MET ALL APPLICABLE CODES.
SIGNED:
TOWN OF NORTH ANDOVER
NOTICE OF VIOLATION OF WETLAND BYLAW
1 HEREBY ACKNOWLEDGE RECEIPT OF THE FOREGOING CITATION
`.4
❑ Unable to obtain signature of offender. Date Mailed i
Citation mailed to offender
THE FINE FOR THIS NON -CRIMINAL OFFENSE IS
YOU HAVE THE FOLLOWING ALTERNATIVES WIT
DISPOSITION OF THIS MATTER.
(1) You may elect to pay the above fine, either by appearing in person
between 8:30 A.M. and 4:30 P.M., Monday through Friday, legal holidays
excepted, before: The Conservation Office, Town Hall, 120 Main St., North
Andover, MA 01845 OR by mailing a check, money order or postal note to
the Conservation Office WITHIN TWENTY-ONE (21) DAYS OF THE DATE
OF THIS NOTICE. This will operate as a final disposition of the matter, with
no resulting criminal record.
(2) If you desire to contest this matter in a non -criminal proceeding, you
may do so by making a written request, and enclosing a copy of this Citation
WITHIN TWENTY-ONE (21) DAYS OF THE DATE OF THIS NOTICE TO:
The Clerk -Magistrate, Lawrence District Court
380 Common St., Lawrence, MA 01840
ATTN: 21 D non -criminal
(3) If you fail to pay the above fine or to appear as specified, a criminal
complaint may be issued against you.
❑ A. I HEREBY ELECT the first option above, confess to the offense
charged, and enclose payment in the amount of $
❑ B. I HEREBY REQUEST a non -criminal hearing on this matter.
Signature
WHITE: OFFENDER'S COPY YELLOW: CONSERVATION COPY
PINK: POLICE COPY GOLD: COURT COPY
1
z- Isr/9R'IQ
Town of North Andover
�Ay U 1995C
OFFICE OF
UNITY DEVELOPMENT AND SERVICES
a �
146 Main Street
9S�4CMUSE
rH R.MAHONY North Andover, Massachusetts 01845
Director FILE. (508) 688-9533
VIOLATION NOTICE z o
o -4-c
c� �7pn:n
Issued from: NORTH ANDOVER CONSERVATION COMMISSION N
Issued toFAB-TEX INC./FELLOW REAL ESTATE `�' oT t' jj
m7
Date:
05-09-95 D.E.P. No . N/A
Location/ Property • 2350 Turnpike Street;? North Andover, MA 01845
The North Andover Conservation Commission has determined that the
activity described below is in violation of the Massachusetts
Wetlands Protection Act. (M.G.L. Ch. 131, Sec. 40) and/or the Town
of North Andover Wetlands Protection Bylaw.
Extent and TV -pe of Activitv:
Refer to letter attached hereto and made a part hereof dated May 9, 1995.
If this violation is not immediately addressed as required below,
an Enforcement Order will be issued, which may include a stop work
order, which may be followed by legal action.
Reouired Action:
r
Refer to letter attached hereto and made a part hereof dated May 9, 1995.
Questions concerning this violation notice should be directed to
the North Andover Conservation Office, Town Hall Annex, 146 Main
Street, or by ;1lin 508) 68 -9530.
Signature:
Michael D. Howard
PLANNING 688-9535
BOARD OF APPEALS 688-9541 B(JII,DING 688-9345 CONSERVATION 688-9330 HEALTH 68ra 58 9540 tWew dleC-01weil
Julie Pasrino D. Robert NiceaA Michael Howard
hiORTH t000%";_7R
KENNETH R MAHONY
Director
Town of North Andover
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES
May 9, 1995
146 Main Street
North Andover, Massachusetts 01845
(508) 688-9533
Fellow Real Estate (Ltd. Partnership)
1 Moody Street
Waltham, MA 01940
D ,
0
. o
9
G
\ pDA11iD �/
CERTIFIED MAIL Z782 308 033
RE: FAB-TEX, Inc., 2350 Turnpike Street, North Andover, MA 01845
Dear Sir or Madam:
The North Andover Conservation Department has reason to believe that activities being
carried out at the above referenced property location are in violation of the Massachusetts
Wetland Protection Act (M.G.L. c.131 s.40) and the Town of North Andover Wetlands
ByLaw (Ch. 178 of the Code of North Andover). According to the North Andover
Assessor's office, Fellow Real Estate is the landowner of record and thus the responsible
party.
Any activity proposed or undertaken within an area specified in the Act (3 10 CMR 10.02
(1) (a)) which will remove, fill, dredge or alter that area is subject to regulation under
M.G.L. c.131 s.40 and requires the filing of a Notice of Intent.
Furthermore, any activity proposed or undertaken within 100' of an area specified in 310
CMR 10.02 (1)(a) (hereinafter called the Buffer Zone) which in the judgment of the
issuing authority, will alter an Area Subject to Protection under M.G.L. c. 131 s.40 is
subject to regulation and also requires the filing of a Notice of Intent.
Stockpiling of soil within the Buffer Zone of a Bordering Vegetated Wetland (BVW) was
clearly sighted by this Department from Sharpeners Pond Road on May 4, 1995. This
Department has reason to believe that additional violations have occurred at the site and
an inspection is warranted. Violations of the Massachusetts Wetland Protection Act may
be punished by a fine not to exceed twenty-five thousand dollars ($25,000), or up to two
years in jail, or both.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Julie Parrino D. Robert Nioetta Michael Howard Sandra Starr KatWeen Bradley Colwell
J.
r
I would like to schedule a site inspection with the landowner and/or responsible party to
resolve these outstanding issues and mitigate any additional violations of the Act. Please
contact this Department within 48 -hours of receipt of this notice so that we may proceed
accordingly. Your cooperation in this matter is greatly appreciated.
Thanking you in advance.
Sincerely,
A
F/
♦ y '
Michael D. Howard_
Conservation Administrator
`p.
cc: North Andover Conservation Commission '
Mr. Ken Mahoney, Director, of Planning and Community Development
Mr. Bob Nicetta, Building Inspector
Kathleen Colwell, Town Planner
Sandra Starr, BOH Administrator
December 11, 1996
Telephone Call from Bob Nicetta @ 10:45 a.m.
He was out inspecting last week near Eastern Tank (where it use to be) and he noticed at
Lab Techs, 2350 Turnpike Street that they do laminating and it is causing fumes. Lab
Techs do not have hoods for the fumes to escape so Mr. Nicetta told them to get hoods
and gave them some time.
Mr. Nicetta stated that there is bad air quality and it is bad for the people working there.
Since no one was in the Board of Health Office at the time of his call, Wednesday,
December 11, 1996, he will take the initiative and close them down until the hoods come
in. Mr. Nicetta wanted either you or Susan Ford to go out with him.
Carol
r
ARGEO PAUL CELLUCCI
Governor
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTmoff OF ENVIRONMENTAL PROTwmN
METROPOLITAN BOSTON - NORTHEAST REGIONAL OFFICE
FILE
FM 6 igaN
CERTIFIED MAIL
Nomid Trust
2350 Turnpike Street
North Andover, MA 01845
Attn: Joseph DiGrazia
February 4, 1998
TRUDY COXE
Secretary
DAVID B. STRUHS
Commissioner
RE: NORTH ANDOVER -
Former Eastern Tank
of Peabody
2350 Turnpike Street
RTN#: 3-1204
NON -NL -98-35001
Noncompliance with M.G.L. c. 21E and 310 CMR 40.0000 et seq
(MASSACHUSETTS CONTINGENCY PLAN, MCP)
NOTICE OF NONCOMPLIANCE
THIS IS AN IMPORTANT NOTICE. FAILURE TO TAKE ADEQUATE ACTION IN
RESPONSE TO THIS NOTICE COULD RESULT IN SERIOUS LEGAL
CONSEQUENCES.
Dear Mr. DiGrazia:
The Department of Environmental Protection (the
Department/DEP) is in receipt of a letter dated December 19, 1997
from Randall B. Warren on behalf of Nomid Trust. This letter
references a December 15, 1997 conversation between Ms. Valerie
Thompson and Mr. Richard Warren of R.E.W. Environmental
Consultants. The letter from Randall Warren also requests an
extension to a December 20, 1997 Interim Deadline for submittal
of either an Response Action Outcome (RAO) or a Tier
Classification package for the subject site.
During the December 15, 1997 conversation between Ms.
Thompson and Richard Warren, Mr. Warren was informed that the
Interim Deadline of Dece7ber 20, 1997 established in the
Department's December 20, 1996 letter to Nomid Trust was still in
effect and that Nomid Tr•,:st was currently in noncompliance for
not meeting a January 19, 1997 Interim Deadline established in
that same letter. In addition, Ms. Thompson told Mr. Warren to
disregard a June 2, 1997 letter from DEP regarding a Tier IA
status assigned to the site. Ms. Thompson explained that the
June 2, 1997 letter was sent in error and that Nomid Trust should
ignore the Tier IA status and comply with the December 20, 1997
Interim Deadline to Tier Classify the site in accordance with 310
CMR 40.0500, or submit an RAO.
10 Commerce Way 9 Woburn, Massachusetts 01801 0 FAX (781) 932-7615 0 Telephone (781) 932-7600 0 TDD # (617) 932-7679
Nomid Trust NON
Page 2
DEP personnel have determined that Nomid Trust failed to
undertake the response actions necessary at the subject site
within the Interim Deadlines (i.e. January 19, 1997 and December
20, 1997) established within the Department's Notice of
Responsibility and Interim Deadline letter dated December 20,
1996. Your (as used in this letter, "you" /,,your" refers to Nomid
Trust) failure to meet the established Interim Deadlines is in
noncompliance with one or more laws, regulations, orders,
licenses, permits, or approvals enforced by the Department.
Attached hereto is a written description of (1) each
activity referred to above, (2) the requirements violated, (3)
the action the Department now wants you to take, and (4) the
deadline for taking such action. An administrative penalty may
be assessed for every day from now on that you are in
noncompliance.
Notwithstanding this Notice of Noncompliance, the Department
reserves the right to exercise the full extent of its legal
authority in order to obtain full compliance with all applicable
requirements, including, but not limited to, criminal
prosecution, civil action including court -imposed civil
penalties, or administrative penalties assessed by the
Department.
If you have any questions about this matter, please contact
Valerie Thompson of this office at the letterhead address or at
(781) 932-7705 and refer to the following Release Tracking Number
(RTN # 3-1204).
Very truly yours,
Richard),
JChal n, Regional Engineer
for the Bureau of Waste Site Cleanup
CC: North Andover Board of Health
Randall B. Warren, One Ellis Square, 2 Essex Street,
Beverly, MA 01915
data entry/file
Nomid Trust NON
Page 4
DATE :2ly-
BY. Regio 1 Engineer
Richard J. Chal n,
for the Bureau of Waste s e Cleanup
Certified Mail No.
or Delivery Person
Fbk' l
4 Sl'STE'�1 Pli%D?
1,11dd Arlo rfAA 01949 �P,� r4 G R�COPD
(s0e) 7741•2772
���� � Cotnrriontirealth of Massi, •
;,,. achusetts f
�c ',cr'71C AND
_ nslo,
FORM 4 - SYSTEM PUMPL'qG RECORD
Commonwealth ;of Massachusetts
Massachusetts
System Pumping Record
System %Nmne System ovation
1�i Fd�
Date of Pumping: t: 3 Quantity Pumped: gallons
Cesspool: No Yes ❑ Septic Tank: No ❑ Yes Fer
C
System Pumped by:
P _ .................... License #:......................................... .
Contents transferred to:
Date Inspector
V
William F. Weld
Governor
Trudy S. Coxe
Secretary, EOEA
Thomas B. Powers
Acting Commissioner
Commonwealth of Massachusetts
Executive Office of Environmental Affairs
Department of
Environmental Protection
Metro Boston/Northeast Regional Office
URGENT LEGAL MATTER: PROMPT ACTION NECESSARY
CERTIFIED MAIL: RETURN RECEIPT REOUESTED
Eastern Tank of Peabody
100 Main Street
Amesbury, MA. 01913-2825
Oshkosh Realty Trust
100 Main Street
Amesbury, MA. 01913-2825
Attention: Harley Waite Jr.
Dear Mr. Waite :
JUN 06 19f1i it
RE: NORTH ANDOVER
Eastern Tank of Peabody
2350 Turnpike Street
RTN # 3-1204
NOTICE OF RESPONSIBILITY
& INTRIM DEADLINES)
M.G.L. c. 21E & 310 CMR
40.0000
The Department of Environmental Protection (the Department or
DEP) has determined that there is or has been a release of oil
and/or hazardous material at the above -referenced property. The DEP
received a report entitled Environmental Site Assessment Eastern
Tank site, Andover, MA Phase II & III, (Note that the site is
actually in North Andover) dated May 1984, and prepared by
Goldberg-Zoino & Associates, Inc. which indicates that a release of
chlorinated and other volatile organic compounds (VOCs) occurred at
the subject property. The term "release" refers to both a recent,
sudden spill of oil and/or hazardous material or "historical" oil
and/or hazardous material contamination that is identified through
some level of investigation.
Based upon the information available, the Department has
reason to believe that the subject property or portion(s) thereof
10 Commerce Way 0 Woburn, Massachusetts 01801 9 FAX (617) 935-6393 9 Telephone (617) 935-2160
i
Page 2, North Andover, 3-1204
is a disposal site as defined in the Massachusetts Oil and
Hazardous Material Release Prevention and Response Act, M.G.L. c.
21E, and the Massachusetts Contingency Plan, 310 CMR 40.0000 (the
MCP) and that all the necessary and required response actions have
not been taken such that a level of No Significant Risk exists or
has been achieved in compliance with M.G.L. c. 21E and the MCP.
The purpose of this notice is to inform you of your legal
responsibilities under state law and to provide you with an Interim
Deadline for assessing and/or remediating the subject release or
threat of release pursuant to the MCP. For purposes of this
notice, the terms and phrases used herein shall have the meaning
ascribed to them by the MCP unless the text clearly indicates
otherwise.
STATUTORY LIABILITIES
The following is provided to advise you of your statutory
liabilities for completing response actions at the subject site. It
is a summary of the liability provisions from M.G.L. c. 21E.
Please refer to the statute for a complete description of the
liability provisions. By taking the necessary response actions,
you may significantly lower your assessment and cleanup costs and
avoid the imposition of, or reduce the amount of certain fees
required for 21E response actions, and you may avoid liability for
costs incurred by the Department in taking such actions and any
sanctions which may be imposed under M.G.L. c. 21E, M.G.L. c. 21A
§ 16 and/or other laws for noncompliance with the MCP.
The Department has reason to believe that you (as used in this
letter, "you" refers to Eastern Tank of Peabody & Oshkosh Realty
Trust) are a Potentially Responsible Party (a PRP) with liability
under M.G.L. c. 21E, § 5, for response action costs. Section 5
makes the following parties liable to the Commonwealth of
Massachusetts: current owners or operators of a site from or at
which there is or has been a release/threat of release of oil or
hazardous material; any person who owned or operated a site at the
time hazardous material was stored or disposed of; any person who
arranged for the transport, disposal, storage or treatment of
hazardous material to or at a site; any person who transported
hazardous material to a transport, disposal, storage or treatment
site from which there is or has been a release/threat of release of
such material; and any person who otherwise caused or is legally
responsible for a release/threat of release of oil or hazardous
material at a site.
This liability is "strict", meaning it is not based on fault,
but solely on your status as an owner, operator, generator,
transporter or disposer. It is also joint and several, meaning
v
Page 3, North Andover, 3-1204
that you may be liable for all response action costs incurred at
the site, regardless of the existence of any other liable parties.
The MCP requires responsible parties to take necessary
response actions at properties where there is or has been a release
or threat of release of oil and/or hazardous material. If you do
not take the necessary .response actions, or fail to perform them in
an appropriate and timely manner,.the Department is authorized by
M.G.L. c. 21E to have the work performed by its contractors. By
taking such actions, you can avoid liability for response action
costs incurred by the Department and its contractors in performing
these actions, and any sanctions which may be imposed for failure
to perform response actions under the MCP.
You may be liable for up to three (3) times all response
action costs incurred by the Department. Response action costs
include, without limitation, the cost of direct hours spent by
Department employees arranging for response actions or overseeing
work performed by persons other than the Department or their
contractors, expenses incurred by the Department in support of
those direct hours, and payments to the Department's contractors.
(For more detail on cost liability, see 310 CMR 40.1200.)
The Department may also assess interest on costs incurred at
the rate of twelve percent (120), compounded annually. To secure
payment of this debt, the Commonwealth may place liens on all of
your property in the Commonwealth. To recover the debt, the
Commonwealth may foreclose on these liens or the Attorney General
may bring legal action against you.
In addition to your liability for up to three (3) times all
response action costs incurred by the Department, you may also be
liable to the Commonwealth for damages to natural resources caused
by the release. Civil and criminal liability may also be imposed
under M.G.L. c. 21E, § 11, and civil administrative penalties may
be imposed under M.G.L. c. 21A, § 16 for each violation of M.G.L.
C. 21E, the MCP, or any order, permit or approval issued
thereunder.
ACTIONS TAKEN TO DATE AT THE SITE
The following response actions have been conducted at the
subject site. An equivalent of a Phase I study has been performed.
The on-site drinking water wells and other monitoring wells have
been analyzed and subsequently, one on-site drinking water well has
been recommended for closure as a result of the detected VOC
contamination.
Page 4, North Andover, 3-1204
NECESSARY RESPONSE ACTIONS
The Department has determined that the following response
actions are necessary at the subject site.
Additional Comprehensive Response Actions pursuant to 310 CMR
40.0800 are necessary. If the site has not yet been classified
pursuant to 310 CMR 40.0500 , a completed Tier Classification
Submittal, and, if appropriate, a completed tier I Permit
Application pursuant to 310 CMR 40.0700, must be submitted to
DEP within one year of the initial date notice of a release is
provided to the Department pursuant to 310 CMR 40.0300 or from
the date the Department issues a Notice of Responsibility
(NOR) , whichever occurs earlier, unless an Response Action
Outcome is submitted earlier.
You must employ or engage a Licensed Site Professional (LSP)
to manage, supervise or actually perform the necessary response
actions at the subject site. In addition, the MCP requires persons
undertaking response actions at a disposal site to submit to the
Department a Response Action Outcome Statement (RAO) prepared by an
LSP in accordance with 310 CMR 40.1000 upon determining that a
level of No Significant Risk already exists or has been achieved at
a disposal site or portion thereof. [You may obtain a list of the
names and addresses of these licensed professionals from the Board
of Registration of Hazardous Waste Site Cleanup Professionals at
(617) 556-1145.1
INTERIM DEADLINES) FOR COMPLIANCE WITH THE MCP
Revisions to the Massachusetts Contingency Plan became
effective on October 1, 1993. Information available to the
Department indicates that all of the response actions necessary to
achieve a level of No Significant Risk at the subject site were not
taken and/or completed as of October 1, 1993. Therefore,
additional response actions must now be conducted in accordance
with M.G.L. c. 21E and the revised MCP, 310 CMR 40.0000.
The MCP allows the Department to establish and enforce
reasonable Interim Deadlines consistent with M.G.L. c. 21E in order
to establish timeframes for responsible parties to perform response
actions at disposal sites for which notification of a release/
threat of release was received prior to October 1, 1993, and for
which additional response actions pursuant to the MCP are required
after October 1, 1993. In light of this, you are hereby notified
Page 5, North Andover, 3-1204
that, at a minimum, the necessary response actions at the subject
site must be conducted within the following Interim Deadlines:
(1.) Within one year of the date of the issuance of this
letter, you must either:
(A.) submit to the Department a Response Action Outcome
Statement (e.g., after completion of an Immediate
Response Action [IRA] or Release Abatement Measure [RAM] )
for the subject site pursuant to 310 CMR 40.1000; or
(B.) classify the subject site as either a Tier I or
Tier II disposal site in accordance with 310 CMR 40.0500.
(2.) Within 30 days of the date of the issuance of this
letter, you must notify the Department in writin
acknowledging that you have been notified of and understand
your obligation to undertake the response actions at the
subject site pursuant to the timeframes established herein and
in accordance with 310 CMR 40.0000.
If you fail to voluntarily undertake the response action(s)
necessary at the subject site within the Interim Deadline(s)
established herein, the Department may perform such response
actions and seek to recover the Department's costs and/or may
initiate other appropriate enforcement actions to ensure that such
response actions are conducted. The Department's decision to
establish one or more Interim Deadlines in accordance with 310 CMR
40.0167 is not subject to M.G.L. c. 30A or any other law governing
adjudicatory proceedings.
It is important to note that you must dispose of any
Remediation Waste generated at the subject location in accordance
with 310 CMR 40.0030 including, without limitation, contaminated
soil and/or debris. Any Bill of Lading accompanying such waste
must bear the seal and signature of an LSP or, if the response
action is performed under the direct supervision of the Department,
the signature of an authorized representative of the Department.
The Department encourages parties with liabilities under
M.G.L. c. 21E to take prompt action in response to releases and
threats of release of oil and/or hazardous material. By taking
prompt action, you may significantly lower your assessment and
cleanup costs and avoid the imposition of, or reduce the amount of,
certain permit and annual compliance fees for response actions
payable under 310 CMR 4.00.
R
Page 6, North Andover, 3-1204
If you have any questions relative to this notice, you should
contact John S Buckley at the letterhead address or by calling
(617) 935-2160. All future communications regarding this release
must reference the Release Tracking Number (RTN ##) contained in the
subject block of this letter.
Very truly yours,
John S Buckley
Environmental Analyst
CC: Board of Health
Mr. G. Shepard Bingham
10 Maple Street
Middleton, MA. 01949
Mr. Robert W. Sanders
673 Salem Street
Groveland, MA. 01834
Fire Department
DEP data entry/file
Stephen M. Joh on
Section Chief,
Site Management/Permits
Daniel S. Greenbaum ' 0/(3)0/
Commissioner
(617) 935-2160 SEP 2 7 1990
Eastern Technology, Ltd. Noncompliance with G.L.C. 111,
C/O Mr. Harley W. Waite ss 142 a-142 H and 310 CMR 7.00
Pinewood at Lynnfield DEP Air Pollution
7 Kimball Lane Notice No. 3090010
Lynnfield, Massachusetts 01940
ADMINISTRATIVE ORDER AND NOTICE OF NONCOMPLIANCE
THIS IS AN IMPORTANT NOTICE. FAILURE TO TAKE ADEQUATE ACTION
IN RESPONSE TO THIS NOTICE COULD RESULT IN SERIOUS LEGAL
CONSEQUENCES.
Department of Environmental Protection, Division of Air
Quality Control personnel have observed that activity occurred at
Eastern Technology, 2350 Turnpike Street, North Andover,
Massachusetts in noncompliance with one or more laws, regulations,
orders, licenses, permits or approvals enforced by the Department.
Attached hereto is a written description of (1) each activity
referred to above, (2) the requirements violated, (3) the action
the Department now wants you to take, and (4) the deadline for
taking such action.
If you fail to take any action the Department now wants you
to take by the prescribed deadline, or if you otherwise fail to
remain in compliance in the future with requirements applicable to
you, you could be subject to legal action, including, but not
limited to, criminal prosecution, court -imposed civil penalties,
or civil administrative penalties assessed by the Department. A
civil administrative penalty may be assessed for every day from now
on that you are in noncompliance with the requirements referred to
above.
Original Printed on Recycled Paper
Eastern Technology, Ltd.
Page 2
If you have any questions about this matter, please contact
Mrs. Julie Ingoli or Mr. William Lamkin of this office. The
address and telephone number appear on the letterhead above.
Please include reference to Notice No. 3090010 in any written
response to this notice.
Very truly yours,
Edward H. MacDonald
Regional Engineer for
Waste Prevention
EHM/Ejai-wal/wal
cc: DEP, One Winter Street, Boston, MA 02108 - 8th Floor
ATTN: Sarah Simon
ATTN: Diane Schachter, esquire
Board of Health, Town Building, North Andover, MA 01845
Fire Headquarters, 124 Main Street, North Andover, MA 01845
CERTIFIED MAIL
RETURN RECEIPT NO.
or NAME OF DELIVERY PERSON
IN THE MATTER OF:
Eastern Technology, Ltd. } Re: ADMINISTRATIVE ORDER AND
C/O Mr. Harley W. Waite ) NOTICE OF NONCOMPLIANCE
Pinewood at Lynnfield ) File Number 3090010
7 Kimball Lane )
Lynnfield, Massachusetts 01940 )
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
I. THE PARTIES
1. The Department of Environmental Protection ["the
Department"] is a duly constituted agency of the
Commonwealth of Massachusetts and is responsible for
the administration and enforcement of the
Commonwealth's air pollution laws and regulations.
Its principal office is located at One Winter
Street, Boston, Massachusetts. It operates a
regional office at 5 Commonwealth Avenue, Woburn,
Massachusetts 01801.
2. Eastern Technology, Ltd. operates a miscellaneous
metal parts coating facility located at 2350
Turnpike Street in North Andover, Massachusetts The
facility has been in operation under the current
ownership since 1985.
II. STATEMENT OF FACTS AND LAW
1. The Department is charged with enforcement of M.G.L.
Chapter ill, Sections 142 A -J and regulat�.ions
promulgated at 310 CMR 7.00 et seq.
2. Eastern Technology, Ltd. owns and has operated,
without Department approval, a miscellaneous metal
parts coating facility located at 2350 Turnpike
Street in North Andover, Massachusetts since 1985.
From 1945 to 1985 the facility was owned and/or
operated by Eastern Tank, which also coated
miscellaneous metal parts. Eastern Tank did, and
Eastern Technology does, camouflage fuel tanker
trucks for the Department of Defense. The
Department classifies this type of coating as an
"extreme performance coating."
3. Department personnel have performed a review of the
information received from David Gordon Associates
relative to the proposed stack height increases at
Eastern Technology, Ltd. 2350 Turnpike Street, North
Andover, Massachusetts.
4. A review of the submitted information by Department
engineers indicates that Eastern Technology, Ltd.
utilizes 5 coatings at its facility. Coating No.
1, Black Zenthane, has a density of 10.14 pounds per
gallon and contains 7.12 pounds of volatile organic
compounds (VOC) per gallon of solids. Coating No.
2, a wash primer, has a density of 6.91 pounds per
gallon and contains 53.33 pounds of VOC per gallon
of solids. Coating No.3, Green Zenthane, has a
density of 10.47 pounds per gallon and contains 7.02
pounds of VOC per gallon of solids. Coating No. 4,
Brown Zenthane, has a density of 10.36 pounds per
gallon and contains 7.29 pounds of VOC per gallon
of solids. Coating No. 5, a white primer, has a
density of 10.59 pounds per gallon and contains
19.95 pounds of VOC per gallon of solids. Eastern
Technology currently emits 44.3 tons per year of
volatile organic compounds from this miscellaneous
metal coating operation.
5. Eastern Technology, Ltd. has not `filed source
registration forms -with the Department as required
by 310 CMR 7.12.
6. Eastern Technology, Ltd. by the actions stated above
is in noncompliance with:
a) Regulation 310 CMR 7.18(11) - Surface Coating of
Miscellaneous Metal Parts which states in relevant
part that:
"No person who owns, leases, operates, or controls
a miscellaneous metal parts and products coating
line, which emits in excess of 25 tons per year of
volatile organic compounds (VOC) shall cause,
suffer, allow or permit emissions of VOC in excess
of 6.7 pounds of VOC per gallon of solids for
extreme performance coatings."
b) Regulation 310 CMR 7.12 - Inspection Certificate,
Record Keeping and Reporting which states in part
that: "Any person owning, operating, or controlling
an industrial facility having potential emissions
equal to or greater than twenty (20) tons/yr of
organic material shall register on a form supplied
by the Department such information as the Department
may specify. This information shall be submitted
annually for any major stationary source and once
every three years for all other facilities."
III. DISPOSITION AND ORDER
For the reasons stated above the Department hereby
ORDERS the following. This ORDER shall be binding on
Eastern Technology, Ltd. and on its successors, heirs and
assigns.
Eastern Technology,, Ltd. will not violate this ORDER and
shall not allow or suffer its employees, agents or contractors
to violate this ORDER.
The Department's authority to issue this ADMINISTRATIVE
ORDER is conferred pursuant to General Laws, Chapter 111,
Sections 142A -J and regulations promulgated under 310 CMR
6.00-8.00.
In addition to being an ADMINISTRATIVE ORDER, this is
also a Notice of Noncompliance issued pursuant to General
Laws, Chapter 21A, Section 16 and 310 CMR 5.00. Also pursuant
to General Laws, Chapter 21A, Section 16 and 310 CMR 5.00, the
Department hereby determines that the deadlines set forth
below constitute a reasonable time for coming into compliance
with the provisions cited in Part II -6 above:
1. That within 60 days of receipt of this ORDER,
Eastern Technology, Ltd. shall submit to this
office, attention Air Quality Section Chief, a
formal compliance plan stating the steps that will
be taken by Eastern Technology to achieve compliance
with the VOC emission limitation as stipulated in
310 CMR 7.18(11).
2. That within 60 days of receipt of this ORDER,
Eastern Technology, Ltd. shall submit written
documentation justifying the reason/need for the
proposed stack increase at its North Andover
Facility. Please be advised that the installation,
construction, or operation of the described
equipment, without prior written approval from the
Department, may result in the imposition of
administrative penalties of up to $25,000 per day
of violation.
3. That within 60 days of receipt of this ORDER,
Eastern Technology, Ltd. shall submit to this
office, attention Air Quality Section Chief, fully
completed source registration forms (copies
enclosed).
Questions regarding the contents of this ORDER should be
directed to Mrs. Julie Ingoli or Mr. William Lamkin, Air
Quality Section Chief, Metropolitan Boston/ Northeast Region,
5 Commonwealth Avenue, Woburn, Massachusetts 01801, telephone
number 935-2160.
Eastern Technology, Ltd. is advised that if it fails to
comply with this ORDER, G.L.c 21A, Section 16 provides- for
civil administrative penalties of up to $25,000.00 for each
day after the date of this ORDER during which each violation
covered by this ORDER continues or is repeated.
Eastern Technology, Ltd. is hereby notified that it may
request an adjudicatory hearing on this ORDER. The request
must be made in writing within 10 days of receipt of this
ORDER. The request must clearly and concisely state every
point of fact and law Eastern Technology, Ltd. intends to
raise in the adjudicatory proceeding. The request must be
addressed to: Docket Clerk, Office General Counsel, Department
of Environmental Protection, One Winter Street - 3rd Floor,
Boston, MA 01801. A copy of the request should be sent to
DEP, Division of Air Quality Control, 5 Commonwealth Avenue,
Woburn, MA 01801.
By: � / /
Edward H. MacDonald
Regional Engineer for Waste
Prevention
Date:
cc: Board of Health, Town Building, North Andover, MA 01845
Fire Department, 124 Main Street, North Andover, MA 01845
DEP, One Winter Street, Boston, Ma 02108 - 8th Floor
ATTN: Sarah Simon
ATTN: Diane Schachter, esquire
NORTH ANDOVER HEALTH DEPARTMENT
120 Main Street e North Andover, MA 01845
Telephone (508) 682-6483, Ext. 32
Weuskng Inspection Report
COMPLAINT #
COMPLAINANT
ADDRESS OF PREMISES
OCCUPANT
OWNER
OWNER'S ADDRESS
DATE OF INSPECTION SC�gg ly.� HOUR — %�
Form MHIR•1 Action Press 8857000
COMPLAINT NUMBER
DATE:
#19
MARCH 4, 1992
COMPLAINTANT:DON VISSON
CLOSE DATE:
ADDRESS:72 SAUNDERS ST., METHUEN,MA
PHONE: 683-8129
OWNER:EASTERN TECHNOLOGY
PHONE #: 683-9502
ADDRESS:2350 TURNPIKE STREET
INSPECTION DATE:
ORDER L DATE:
COMPLAINT:MR. VISSION WORKS AT EASTERN
AND THE BATHROOMS ARE A MESS. THERE
IS TOILET PAPER ALL OVER THE
PLACE AND WRITING ALL OVER THE WALLS.
AT ONE POINT, SOMEONE REMOVED ALL TOILET SEATS.
ACTION: �, Gr, 30
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ilsc� � f in•S '/ �✓ ���
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.7'/ C
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t 3 J
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f
f Health
.A ndover,Mass
SUBSURFACE DISPOSAL DESIGN CHECK LIST
0 F4)
. . # 2_35® IUR'JFiV-C
APPROVED DATE % DISAPPROVED DATE �Q s� '' c�
Provided: Reasons: /
INDL)STiRal ��ill Z. (1 c
,��Jp W6YFa
Title V FAIL 109
Reg 2.5 The submitted plan must show as a minimum;
a) the lot to be served-arsa,dimensions lot #abutters
b location and log deep observation hoes -distance to ties
c location and results percolation tests -distance to ties
d design calculations & calculations showing required leaching area
(e) location and dimensions of system -including reserve area
f) existing and proposed contours
(g) location any wet areas Within 100' of sewage disposal system or
disclaimer -check wetlands mapping
(h) surface and subsurface drains within 100' of sewage disposal
system or disclaimer
I(i) location any drainage easements within 100' of sewage disposal
system or disclaimer -Planning Board files }
I(J) know sources of water supply within 2001 of sewage disposal a
system or disclaimer
(k) location of any proposed well to serve lot -1001 from leaching facilitl
(1) location of water lines on property -101 from leaching facility
(m) location of benchmark
(n) driveways
(o) garbage disposals
(p) no PVC to be used in construction
(q) profile of system -elevations of basement, plumb, pipe, septic tank,
distribution box inlets and outlets, distribution field piping and
Other elevations
(r) maximum ground water elevation in area sewage disposal system
(s) plan must be prepared by a Professional Engineer or other
professional authorized by law to prepare such plans
Reg 6 Septic Tanks
(a) ca}—hies-150 of flow, water table, tees, depth of tees,
access, pumping
(b) cleanout
(c) 10t from cellar wall or in.ground swimming pool
(d) 251 from subsurface drains
Reg 10.2 7 Distribution Boxes
(a) slope greater than 0.08
Reg 10.4 b) suup
0
.r
ARGEO PAUL CELLUCCI
Governor
CERTIFIED MAIL
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
METROPOLITAN BOSTON - NORTHEAST REGIONAL OFFICE
Nomid Trust
319 Lowell Street
Lynnfield, MA 01940
Attn: Joseph DiGrazia
1KUU7 DUAL
Secretary
DAVID B. STRUHS
Commissioner
January 2, 1998
RE: NORTH ANDOVER -
Former Eastern Tank
of Peabody
2350 Turnpike Street
RTN#: 3-1204
NON -NE -98-3S001
Noncompliance with M.G.L. c. 21E and 310 CMR 40.0000 et seq
(MASSACHUSETTS CONTINGENCY PLAN, MCP)
NOTICE OF NONCOMPLIANCE
THIS IS AN IMPORTANT NOTICE. FAILURE TO TAKE ADEQUATE ACTION IN
RESPONSE TO THIS NOTICE COULD RESULT IN SERIOUS LEGAL
CONSEQUENCES.
�)ezl:_ Mr. DiGrazia :
The Department of Environmental Protection (the
Department/DEP) is in receipt of a letter dated December 19, 1997
from Randall B. Warren on behalf of Nomid Trust. This letter
references a December 15, 1997 conversation between Ms. Valerie
Thompson and Mr. Richard Warren of R.E.W. Environmental
Consultants. The letter from Randall Warren also requests an
extension to a December 20, 1997 Interim Deadline for submittal
of either an Response Action Outcome (RAO) or a Tier
Classification package for the subject site.
During the December 15, 1997 conversation between Ms.
Thompson and Richard Warren, Mr. Warren was informed that the
Interim Deadline of December 20, 1997 established in the
Department's December 20, 1996 letter to Nomid Trust was still in
effect and that Nomid Trust was currently in noncompliance for
not meeting a January 19, 1997 Interim Deadline established in
that same letter. In addition, Ms. Thompson told Mr. Warren to
disregard a June 2, 1997 letter from DEP regarding a Tier IA
status assigned to the site. Ms. Thompson explained that the
June 2, 1997 letter was sent in error and that Nomid Trust should
ignore the Tier IA status and comply with the December 20, 1997
Interim Deadline to Tier Classify the site in accordance with 310
CMR 40.0500, or submit an RAO.
10 Commerce Way 0 Woburn, Massachusetts 01801 • FAX (781) 932-7615 0 Telephone (781) 932-7600 • TDD k (617) 932-7679
Nomid Trust NON
Page 2
DEP personnel have determined that Nomid Trust failed to
undertake the response actions necessary at the subject site
within the Interim Deadlines (i.e. January 19, 1997 and December
20, 1997) established within the Department's Notice of
Responsibility and Interim Deadline letter dated December 20,
1996. Your (as used in this letter, "you"/"your" refers to Nomid
Trust) failure to meet the established Interim Deadlines is in
noncompliance with one or more laws, regulations, orders,
licenses, permits, or approvals enforced by the Department.
Attached hereto is a written description of (1) each
activity referred to above, (2) the requirements violated, (3)
the action the Department now wants you to take, and (4) the
deadline for taking such action. An administrative penalty may
be assessed for every day from now on that you are in
noncompliance.
Notwithstanding this Notice of Noncompliance, the Department
reserves the right to exercise the full extent of its legal
authority in order to obtain full compliance with all applicable
requirements, including, but not limited to, criminal
prosecution, civil action including court -imposed civil
penalties, or administrative penalties assessed by the
Department.
If you have any questions about this matter, please contact
Valerie Thompson of this office at the letterhead address or at
(781) 932-7705 and refer to the following Release Tracking Number
(RTN # 3-1204).
Very truly yours,
Richard J. Chal n, Regional Engineer
for the Bureau of Waste Site Cleanup
CC: North Andover Board of Health
Randall B. Warren, One Ellis Square, 2 Essex Street,
Beverly, MA 01915
data entry/file
r
Nomid Trust NON
r Page 3
NOTICE OF NONCOMPLIANCE
NONCOMPLIANCE SUMMARY
NAME OF ENTITY IN NONCOMPLIANCE:
Nomid Trust
LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED:
Former Eastern Tank of Peabody, 2350 Turnpike Street, N. Andover,
MA
DATE WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED:
January 19, 1997 and December 20, 1997
DESCRIPTION ON NONCOMPLIANCE:
Failure to meet the Interim Deadlines established in the
Department's December 20, 1996 Notice of Responsibility & Interim
Deadline letter.
DESCRIPTION OF THE REQUIREMENT(S) NOT COMPLIED WITH:
(1) Failure to notify the Department in writing acknowledging
that you have been notified of and understand your
obligation to undertake response actions at the subject site
within 30 days of the Department's December 20, 1996 letter.
and in accordance with 310 CMR 40.0000.
(2) Failure to either submit to the Department a Response Action
Outcome Statement for the subject site pursuant to 310 CMR
40.1000; or to classify the subject site as either a Tier I
or Tier II disposal site in accordance with 310 CMR 40.0500.
DESCRIPTION OF THE ACTIONS) TO BE TAKEN NOW, AND THE DEADLINES)
FOR TAKING SUCH ACTION(S):
(1) Within 30 days of the date of issuance of this letter, you
must notify the Department in writing acknowledging that you
have been notified of and understand your obligation to
undertake the response actions at the subject site pursuant
to the timeframes established herein and in accordance with
310 CMR 40.0000.
(2) On or before March 1, 1998, you must either:
A. Submit to the Department a Response Action Outcome
Statement -for the subject site pursuant to 310 CMR
40.1000; or
B. Classify the subject site as either a Tier I or Tier II
disposal site in accordance with 310 CMR 40.0500.
Nomid Trust NON
Page 4
BY: DATE: 2
Richard J. Chal n, Regio 1 Engineer
for the Bureau of Waste Site Cleanup
Certified Mail No.
or Delivery Person
02
,Q./?i J �Q/'?i — v'` YC2F•'ea62 e�./r�� c�� _ v -�/ CJ
DANIEL S. GREENBAUM � � (7Cl/i2I�24/?C�aE'e��L eXYl�/Z�CPi
all lniSSlOIIBT DEEE Is Now DEP
THE PROTECTION OTECTION ENT Of
ENVIRONMENTAL
935-2160 August 8, 1989
Eastern Technologies Ltd. Re: N. ANDOVER - Metropolitan Boston/
2350 Turnpike Road Northeast Region
North Andover, MA 01845 310 CMR 7.02 - Plans Approval
Appl. No. MBR -89 -IND -209
ACKNOWLEDGEMENT LETTER
Gentlemen:
This letter is to acknowledge a communication received by this office on
July 21, 1989 relative to an application concerning the installation of three
(3) spray booths and two (2) curing ovens at your North Andover facility.
Your application has been assigned the number MBR -89 -IND -209. Please refer to
this application number on all future correspondence with the Region.
Please be advised that the installation, construction, or operation of the
described equipment, without prior written approval from the Department, may result
in the imposition of administrative penalties of up to $25,000 per day of
violation.
Please be further advised that Section 142B of Chapter 111 of the General Laws
has been amended so as to allow the Department, at the discretion of the Commis-
sioner, the authority to keep certain information confidential when requested.
This confidentiality will apply to any secret processes, methods of manufacturing,
or production information which could divulge a trade secret. Emission data may
not be kept confidential under any circumstances, and as such will be considered
part of the public record. Any request to apply confidentiality to information
submitted to this office must be made in writing, should accompany the submitted
information to which it applies, and must adequately specify those items to which
the applicant requests confidential treatment.
Should you have any questions concerning this application, please do rLot hesi-
tate to contact the review engineer assigned to this project, Ms. Julie Ingoli, at
the above address and/or telephone number.
Very truly yours,
Thomas R. Parks
Environmental Engineer IV
TRP/Eji/dv
cc: Board of Health, Town Building, North Andover, MA 01845
Fire Department, 124 Main Street, North Andover, MA 01845
DAQC, 8th Floor, 1 Winter St., Boston, MA 02110
Gordon Associates, 90 Oak Street, Newton Upper Falls, MA 02164
L.
Eastern Technologies Ltd. 2350 Turnpike Street, Rte 114, North Andover, MA 01845
April 2, 1992
Board of Health
120 Alain Street
Attn: Chairman
North Andover, MA 01845
Dear Mr. Chairman:
Corporate Headquarter,c
pineuoud at I.wtufirld
7 h irnha!! Lane,
LYrnt(iehl, .11. ! 0/940
Telephone (617) 246 5000
Enclosed please find a copy of Eastern Technologies, Ltd. Hazardous
Waste Contingency Plan and Emergency Procedures.
If you have any questions or comments after reviewing it, please feel
free to contact me at your earliest convenience.
Sincerely,
EASTERN TECHNOLOGIES, LTD.
vU `
Wa _iffi
Safety Coordinator
TR7G : dlww
Enclosures
Hazardous Waste Plan
72
2�07r
P/KESTRE
a,_nnnC,ET
nn_n n @ t
10
—.—ABDOUS
il I MG LAC P L AL\J
AND
EMFPG—':.,'i PROCE'DUPIES PLAN
FOR
EASTII`F-'m CiitdOLOGII;S, LTJ.
REVIS77.- .-IARCII 13, 1992
TABLE OF CONTENTS
SECTION
PAGE
1.
Hazardous
Waste Contingency Plan and
- 1
Preparedness
and Prevention Equipment
1.1
Purpose
1
1.1.1 Location
of Plan
2
1.2
General Facility
Description
2
1.3
Emergency
Response Chain of Command
4
1.3.1
Designated Emergency Coordinators
5
1.3.2
Emergency Coordinator's
Responsibilities
5
1.3.3
Phone Numbers of Emergency
Services
g
1.4
Emergency
Procedures
9
1.4.1
General
9
1.4.2
Specific
10
1.4.2.1
Spills - Emergency Procedures
10
1.4.2.2
Fire/Explosion - Emergency
Procedures
12
1.4.3
Medical Emergencies
1.4.4
Resumption of Operations
15
1.5
Evacuation Plan
15
1.5.1
General
1.5.2
Facility Evacuation
15
1.5.2.1
Objective
15
1.5.2.2
Evacuation Signal
16
1.5.2.3
Decision to Evaluation
16
1.5.2.4
Evacuation Procedures
16
1.5.3
Surrounding Area Evacuation
17
1.6
Characteristics of Wastes
17
1.7
Emergency
Equipment
22
1.7.1
General
22
1.7.2
Specific
22
1.7.2.1
Communications
22
1.7.2.2
Fire Control Equipment
23
1.7.2.3
Spill Control Equipment
23
1.7.2.4
Personal Protective Equipment
23
1.7.2.5
First Aid Equipment
24
1.7.3
Equipment Testing and Maintenance
24
1.8 Coordination Agreements
24
1.9 Contingency Plan Amendment
26
TABLES
PAGE
TABLE
1.1 Wastes Commonly Generated by systems
3
1.2 Hazardous Waste Contingency Data
18
l.. o HAZARDOUS WASTE CONTINGENCY PLAN
1.1 PURPOSE
In accordance with Title 40 of the Code of Federal Regulations
264 Subpart D and State of Massachusetts Hazardous Waste
Regulations - Regulation Chapter 310. CMR30.520 through
30.524, the following plan will be used in the event of an
emergency involving hazardous waste at Eastern Technologies
Ltd.
The purpose of this plan is three -fold:
1. To act as a guide during actual emergency situations;
2. To minimize hazards to human health and the environment
from, fires, explosions, spills or any unplanne sudden or
non -sudden release of hazardous wastes or hazardous -,taste
constituents to the air, soil, surface water or around
water.
3. To familiarize local emergency response personnel (i.e.,
police, fire and rescue departments, hospital and
government personnel) with the types of material handled,
internal emergency response procedures and the need for
their services.
MADEP regulations (30.521 (10)) also require that this pian include
a description of procedures, structures, or equipment used at the
facility to:
(a) prevent uncontrolled reaction of incompatibles;
(b) prevent runoff from hazardous waste handling areas;
(c) prevent flooding and
(d) mitigate effects of equipment failure or power outages.
To fulfill the above purposes, the following information has been
incorporated in the plan:
1. General Facility Description - Section 1.2 (Includes
identification of waste streams);
2. Emergency Coordinators - Sections 1.3 - 1.3.3 (Who they
are, their responsibilities and emergency phone numbers);
3. Emergency Procedures - Sections 1.4 - 1..4.6 (Types of
emergencies to be expected at Eastern Technologies and
response procedures for emergencies; e.g., medical spills
or fires):
} . Evac'�ation Plan - Section 1. 5 ( to evacuate, where to
When
and procedures for
evac'.:3te, where to evacuate
evacuation):
Section 1.6 (Table which --
5, Waste Characteristics personal protective
describes hazards, appropriate ehazard for each
equipment, storage and fire fighting
hazardous waste);
6. Emeraency Equipment - Section 1.7 - 1.7.3 (S °mil nications
equipment, fire control equipment, p
equipment and first aid equipment);
nts with
7. Coordination Agreements - Section
hospital and stgt.eeresponse
local police, fire departmentp
teams);
g. Amend -lent Requirement - Section 1.9
In addition, t':e contingency plan will be incorporated into Eastern
Technologies training plan as required by Massachusetts
Regulations. This a training
ge even ofwill e sure o e effective
implementation of the plan
1.1.1 LOCA=ION OF PLAN
Several copies of this plan are maintained at the
facility at all times for use during an emergency. In
addition, a copy has been submitted to local police and
fire departments, to local hospitals and local board of
ficer of
health, ofh1ef executive Massachusetts ofDepartment the of o Environmenn and to tal
State
Protection.
1.2 GENERAL FACILITY DESCRIPTION
Eastern Technologies Ltd. is located at 2350 Turnpike St.in
N. Andover, Massachusetts. Site plan A shows the general
layout of the facility including the location of normal
working areas, the hazardous waste storage areas, safety
equipment and wastewater treatment unit.
The facility is a manufacturer of sheet
etal hazardoustand non-
hazardous
the manufacturing process it generates
hazardous -,pastes.
Several of these waste streams are treated on site,
the rest
are collected and stored for licensed off-site treatment and
disposal. Table 1.1 describes the hazardous waste streams and
the methods of storage or treatment.
The hazards associated with the waste materials generated by
Eastern Technologies are described in Section 1.6, as can be
seen by a review of the date provided. These are typical
industrial wastes which if handled properly pose no unusual
hazards. The recommended personal protection, storage
practices and fire fighting practices should be known and
followed by all involved personnel.
TABLE 1.1
WASTES COMMONLY GENERATED BY EASTERN TECHNOLOGIES LTD.
At the onset, it should be notes that hazards with regard tc
flooding, runoff, spills to the ground water system reaction of
incompatibles; and power outages are greatly reduced by the nature
of operations and wastes generated at Eastern. Eastern is not
located in an area known to be subject to flooding. All storage
activities take place indoors and are therefore not subject to
precipitation runoff. Also, due to the indoor storage, the threat
Of spills to the ground water environment are minimized. All
wastes are unloaded through the facility and handled with necessary
precautions to prevent spills to the environment. None of the
hazardous wastes generated at Eastern, if mixed, would result in
production of toxic gases or explosions. A power outage at
Eastern, in itself, would not create unusual hazards from hazardous
wastes. Wastes are stored in secure steel 55 gallon drums and
would not be affected. In summary, the anticipated affects of an
emergency involving hazardous wastes at Eastern would most likely
not result in environmental harm. This plan addresses specific
procedures for responding to spills and fires from hazardous wastes
to protect the safety and health of the people in the vicinity of
the incident and those responding to the emergency.
EPA
Method of
Waste Stream
EPA
Hazard Code
or Mass
Waste Type
Storage or
Treatment
Waste Paint
Ignitable and
D001
55 Gallon
& Solvents
Toxic Wastes
F003
Steel Drums
D007
DO10
Waste Oil
None
MA01
55 Gallon
DO10
Steel Drums
F003
Waste
Rinsewater
Corrosive and
D002
55 Gallon
Following
or EP Toxic
Waste
D001
Polylined
Container
ontainer
Alodine Dxyyo
Metal Prep
At the onset, it should be notes that hazards with regard tc
flooding, runoff, spills to the ground water system reaction of
incompatibles; and power outages are greatly reduced by the nature
of operations and wastes generated at Eastern. Eastern is not
located in an area known to be subject to flooding. All storage
activities take place indoors and are therefore not subject to
precipitation runoff. Also, due to the indoor storage, the threat
Of spills to the ground water environment are minimized. All
wastes are unloaded through the facility and handled with necessary
precautions to prevent spills to the environment. None of the
hazardous wastes generated at Eastern, if mixed, would result in
production of toxic gases or explosions. A power outage at
Eastern, in itself, would not create unusual hazards from hazardous
wastes. Wastes are stored in secure steel 55 gallon drums and
would not be affected. In summary, the anticipated affects of an
emergency involving hazardous wastes at Eastern would most likely
not result in environmental harm. This plan addresses specific
procedures for responding to spills and fires from hazardous wastes
to protect the safety and health of the people in the vicinity of
the incident and those responding to the emergency.
1.3 EMERGENCY RESPONSE CHAIN OF COMMAND
The first and most basic step in responding to a spill, fire
or explosion involving hazardous waste is to have established
a well structured chain of command of trained, experience
personnel. Such a chain of command has been established at
Eastern Technologies and is described in this section.
At all times, there will be at least one person, either ont he
facility premises or on call, who will be responsible for
coordinating all emergency response measures. This person
Will be called the Emergency Coordinator and will have full
authority to commit all resources needed to carry out the
measures provided in thisplan.
In case of an imminent
actual emergency at thefacility, the Emergency Coordinator,
or the alternate, shall be contact immediately. Each
Emergency Coordinator is thoroughly familiar with this
contingency plan, all operations and activities at the
facility, the location and characteristics of the wastes
handled, the location of all facility records, the facility
layout and the location of all emergency response and spill
clean-up equipment.
1.3.E DESIGNATED EMERGENCY COORDINATORS
Emergency coordinator
Name: Frank Giannetto
General Manages:
79 Perkins Street
Lynn, MA 01905
Home: (617)596-2q--'6
Beeper: (617)789-6652
lst Alternate Emergency Coordinator
Name: Chris Nirgina}is
Plant Manager
701 Summer Street
Lynn, MA 01905
Home: (617)581-390
2nd Alternate Emergency Coordinator
Name: Wayne Grif-flth
Hazardous �,;aste and Safety Sup.
15 Titcomb Street
Newburyport, MA 01950
(508)462-3512
1.3.2 EMERGENCY COORDINATOR'S RESPONSIBILITIES
1. Emergency Conditions
A. Immediate Identification and Assessment
The Emergency Coordinator will immediately identify the
character, exact source, amount and extent of released
materials. The Emergency Coordinator must also assess
the possible hazards to human health or the environment
that may result from any release, fire or explosion
(e.g., the effects of any toxic, fire or explosion
asphyxiating gases that are generated). He must consider
both direct and indirect effects of any release, fire or
explosion.
B. Immediate Action
In the event of an emergency, the Emergency Coordinator
must:
1. Activate internal facility alarms or communication
systems, when applicable, to notify all facility
personnel.
6
2. Arrange for emergenc.- services for any injured
personnel.
3. Notify state, local or national emergency response
teams if their help is needed.
C. Danger Outside Facility
If the emergency threatens human health and/or the
environment outside the facility, the Emergency
Coordinator must:
1. Notify local authorities if evacuation of local
areas is advisable and be available to advise the
local authorities.
2. Immediately notify the :rational Response Center at
800-424-8802 and repor'�-:
• Name and telephone number of reporter
• Name and address cf facility
• Time and type of incident (e.g. release, fire)
• Name and quantity of material(s) involved
• The extent of injuries
• The possible hazards to human health or the
environment outside the facility
3. Immediately notify the Department of Environmental
Protection Emergency Response Office: (617)292-
5809 M -F ,8am to 5pm or after working hours,
(617)566-4500.
In assessing whether the evacuation of local areas
is necessary, the Emergency Coordinator will assess
the following:
• Prevailing wind conditions
• Potential for migration outside the facility
• Possibility of explosion
D. Facility Responsibilities
The Emergency Coordinator will take measures (e.g., stop
operations, isolate spillages, etc.) to ensure that
fires, explosions or releases do not occur, recur or
spread to other hazardous waste at the facility.
u
d
If the facility stops operations, the Emergency
Coor,�inator will monitor for leaks, pressure buildups,
vapor or gas generation, etc.
2. after an emergency, the Emergency Coordinator will:
• Supervise cleanup efforts and ensure that the
recovered waste or contaminated material is
properly stored or disposed of.
• 'Make sure emergency equipment is back in order
before operations resume.
• Notify the EPA Regional Administrator and the MADEO
that all emergency equipment has been cleaned and
put back in order and the proper clean-up
procedures have been followed before resuming
operations in the affected areas.
• Record in the operating, the time, date and details
of any incident requiring implementation of the
Contingency Plan.
• within 15 days after an incident requiring
contingency plan implementation, the owner or
operator will submit a written report to the EPA
Regional Administrator and the MADEP documenting
the following:
• .lame, address and telephone number of the owner or
operator.
• Name, address and telephone number of the facility.
• Date, time and type of incident.
• Name and quantity of material(s) involved.
• The extent of injuries, if any.
• An assessment of actual or potential hazards to
human health or the environment, where applicable.
• Estimated quantity and disposition of recovered
material that resulted from the incident.
This report will be filed with:
Regional Administrator, Region I
JFK Federal Building
Boston, MA 02203
and
1.3.3
1.4
Emergency Response Office
Division of Hazardous Waste
MADEP
1 Winter Street
Boston, MA 02108
PHONE NUMBERS OF EMERGENCY SERVICES
The following are addresses and phone numbers of local,
state and national emergency response teams and
government agencies. Copies of these addresses and
numbers will be kept posted at key phones locate din the
facility.
PRIMARY EMERGENCY RESPONSE SERVICES
Police: Middleton 774-4424
N. Andover 683-3168
Fire: Middleton 774-2211
N. Andover 689-7777
Hospital: Lawrence General 683-4000
EMERGENCY PROCEDURES
1.4.1 GENERAL
It is the responsibility of the Emergency
Coordinator or his alternate to insure that
emergency response procedures are properly carried
out. Such procedures are specifically outlined in
this plan. In the event of an imminent or actual
emergency, the procedures outlined below will be
followed.
Due to the nature of the waste materials to be
handled at the facility, (see discussion of waste
properties and associated hazards in Section 1.6)
various hazards can result from an emergency
situation. Flammable wastes, if spilled or leaked
may be ignited. There are human exposure and
environmental hazards associated with large or
small spills. Inhalation of vapors from spilled
materials may be harmful. Acidic wastes, if
spilled may cause burns to skin if exposed.
By following proper
proper precautions,
reduced.
response procedures and taking
these hazards are greatly
1.4.2 SPECIFIC
1.4.2.1
i
This plan has been developed and organized in such
a way as to afford maximum guidance during an
incident of any magnitude. The emergency
coordinator and Craig Systems personnel, who handle
hazardous wastes are to be thoroughly familiar,
will follow prescribed procedures in the event of
-an emergency. Should an emergency situation arise,
the emergency coordinator will be notified
immediately. Subsequently, all tacility personnel
will be notified as required. Police department,
federal, state or local agencies er contractors
will be notified if their assistance is required.
SPILLS -EMERGENCY PROCEDURES
In the event of a spill, leak or release o'any kind, the
following steps will be followed:
A. Spill of Wastes Stored in Drums
1. Determine source of leak or spill; imi:iediate1v
identify the character, exact source, amount and
area affected by the release.
2. Notify the Emergency Coordinator or alternate
(verbal communication, phone or beeper).
3. Eliminate and continue to restrict all sources of
ignition from spill area and areas do:,:ndraft of the
spill area.
4.
5.
6.
7.
8.
9.
10.
Assessment: The Emergency Coordinator will assess
possible hazards to human health and the
environment.
Position ABC type fire extinguishers near immediate
clean-up area.
Summon aid where required. (See Section 1.3.3 for
outside help).
Don boots, disposable TYVEK suits, gloves, face
shields, goggles and organic vapor respirator and
cartridge.
Remedy and stop point source where possible.
Dike spill with Standard Industrial Absorbent as
required.
Once flow is stopped, use portable pumps to recover
spilled material.
11. Absorb non-pumpable spilled material with Standard
Industrial Absorbent. Use shovel to uniformly
disperse absorbent over affected area.
12. Collect contaminated material (i.e., absorbent
rage, etc.) into empty recovery drum.
13. Decontaminate boots, gloves and face shields.
Dispose of TYVEK suits into a recovery drum with
contaminated absorbent.
14. Clean-up, restore or replace spill response
equipment and return it to its original location.
15. Label recovery drums in accordance with all
applicable hazardous waste rules and regulations.
15. Observe proper hygiene procedures during personal
decontamination.
17. Follow all notification and recordkeeping
requirements as specified in Section 1.3.2.
1.4.2.2 FIRE/EXPLOSION - EMERGENCY PROCEDURES
Smoking is not permitted in the painting or spray epoxy
areas where flammable caastes are generated. Smoking is
not permitted in the pain vault/storage area.
Depending upon the magnitude of the fire incident and the
amount of material involved, the following emergency
procedures will be implemented:
A. Small Spill on Fire
1. Grab fire extinguisher, if (as it should be )
immediately accessible: extinguish flames. If
unable to immediately extinguish, sound nearest
pull alarm and leave area. If not extinguished,
follow procedures in Section 1.4.2.2 B.
2. Notify the emergency coordinator, summon aid when
required that the fire will not re -ignite.
3. Eliminate and continue to restrict all sources of
ignition so that the fire will not re -ignite.
4. wearing boots, protective gloves and eye protection
and organic vapor respirator stop leak.
5. Follow spill clean-up procedures described in
Section 1.4.2.1.
B. Large Fire
1. Sound emergency alarm. (This wiles directly notify
the Middleton Fire Department.
2. Notify the emergency coordinator (if not already
aware of the situation). Follo-; all applicable
notification requirements of Section 1.3.2.
3. All personnel, except those designated by the
emergency coordinator, shall evacuate the building
upon sounding of the alarm, via evacuation plan.
Y. The emergency coordinator is to determine the most
accessible and safest route of approach to the
fire, considering: flame migration potential,
associated dangers and physical limitations. The
coordinator is also to attempt to determine the
nature of burning material using knowledge of
container contents.
�. Put on protective equipment, as required and as
directed by the Emergency Coordinator.
5. When the Fire Department arrives the emergency
coordinator is to delegate to them primary
responsibility, inform them of all the facts known
about the fire, i.e., type of waste and associated
burning hazards and stand by for assistance.
7. Cool nearby drums with water.
8. When the fire is extinguished, remedy point source
to stop any flow if it can be done ;ithout risk.
9. Dike and absorb spilled material. Use shovel to
disperse standard industrial absorbent over
affected area.
10. Collect contaminated material (i.e., absorbent, dry
chemical, rags, etc.)
11. Decontaminate boots, gloves, goggles, face shields
and other reusable emergency response equipment.
12. Clean-up, restore or replace emergency response
equipment and return it to its original location.
13. Label and mark recovery drums in accordance with
all applicable hazardous waste rules and
regulations.
14. Observe proper hygiene procedures during personal
decontamination.
1.4.3 ":EDICAL EMERGENCIES
%'arious medical emergency and first aid equipment is
maintained on-site as listed in Section 1.7.2.5. General
response to injuries is as follows:
First Aid Response
Move victim to fr-esh air; after careful assessment
call emerqency medical care (See section 1.3.3 for
telephone numbers).
If not breathing, give artificial respiration.
Administer additional first aid as appropriate.
Keep victim warm and await arrival of emergency
medical response unit.
If breathing is difficult, give ox%-aen.
1.4.4 PESUMPTION OF OPERATION
:rior to resuming normal operations, the Emergency
Coordinator is to ensure that all emergency
equipment is inspected and returned to
operating conditions. The Emergency
Coordinator must follow all the required
notification and recordkeeping procedures
specified in Section 1.3.2.
Following the spill clean-up operation, an assessment
shall be made as to the proper handling of recovered
materials (including material in 55 gallon recovery
drums). Tests shall be made, if necessary, to ensure
proper handling and disposal of all material.
1.5 EVACUATION PLAN
1.5.1 GENERAL
In the event that an -incident poses serious potential
threat to human health or safety, the Emergency
Coordinator will evacuate the facility, or at a minimum,
the affected area. If the evacuation of outlying areas
is deemed necessary, the Emergency Coordinator will
follow the notification procedures specified in Section
1.3.2, for dangers outside the facility.
Evacuation plan implementation requires prompt and
deliberate action. The plan of action described in this
section will be strictly adhered to unless, in the
opinion of the on-site Emergency Coordinator, minor
modifications during an actual emergency would constitute
a better executed evacuation.
1.5.2 FACILITY EVACUATION
1.5.2.1 OBJECTIVE
1.5.2.2
1.5.2.3
1.5.2.4
The objective of the evacuation plan is to minimize
health hazards to employees or visitors from imminent or
potential hazards associated with a spill or fire.
EVACUATION SIGNAL
The facility emergency alarm horn switch will be used to
signal partial or total facility evacuation. Verbal
warning by an appointed runner may also be utilized to
warn on-site personnel of the nature of the incident. In
the event of total facility evacuation, the Middleton and
North Andover Police and Fire Departments will be
immediately notified.
DECISION TO EVACUATE
The Emergency Coordinator will make the decision whether
or not to evacuate. This decision will be based upon hi
experience in the field and those criteria identified in
the Contingency Plan.
EVACUATION PROCEDURES
1. The on-site Emergency Coordinator will direct the
evacuation.
2. All material movement operations must cease.
Personnel must move their vehicles so they do not
obstruct safety aisles. This will allow emergency
vehicles to pass.
i
3. All employees, visitors and contractors will leave
the facility in an orderly manner, via the routes
shown on site Plan A. Each department will exit in
accordance with the exits described in Eastern
Technologies emergency disaster plan. Each
department or work area has an assigned squad
leader.
4. The Emergency Coordinator will ensure that all
valves are closed and pumps and motors are off, if
possible.
5. Immediately, end all unnecessary telephone
conversations.
A
6. Do not attempt to obtain personal belongings,
unless otherwise authorized.
7. Do not run or make unnecessary noise.
8. During the evacuation, the Emergency Coordinator
and appointed aides will ensure that all
unauthorized personnel be kept from entering—the
evacuated area.
9. The Emergency Coordinator and squad leaders will
account for all personnel to ensure that no one has
been left behind.
10. The decision to reenter the facility will be made
by the Emergency Coordinator.
11. The Emergency Coordinator will obtain rescue
services for injured people where .required.
1.5.3 SURROUNDING AREA EVACUATION
If the emergency situation requires the evacuation of
areas surrounding the facility, the Emergency Coordinator
will immediately inform the Middleton and North Andover
Police and Fire Departments, the MADEP, and the National
Response Center of such a condition. The decision will
be based upon:
a) The nature and toxicity of the material involved in
the emergency.
b) Prevailing and wind direction.
C) Migration potential outside the facility
d) Possibility of an explosion.
e) Possibility of a pending release of toxic vapors,
gases or mists.
It should be noted that given the limited volume of
materials stored at Eastern Technologies, it is unlikely
that evacuation of surrounding areas would be necessary.
However, if necessary, the signal to evacuate surrounding
areas will be given directly to the Middleton and North
Andover Police and Fire Departments. Their assistance
will be requested to notify the adjacent businesses of
the need to evacuate.
1.6 CHARACTERISTICS OF WASTES
Table 1.2 has been assembled to prov-aJe immediate
information regarding the types of hazards posed by the
wastes generated and treated at Eastern Technologies.
This information is, by its nature, general. The
expertise of. plant personnel, especially :he Emergency
Coordinator, should be relied upon heavily in any
- emergency.
TABLE 1.2
HAZARDOUS WASTE CONTINGENCY DATA
CONTINGENCY DATA
SUBSTANCE IN STORAGE LOCATION
Paint Clean-up
Wastes Life Hazard: Flammable waste - fire hazard
may be ignited by heat, sparks and flames.
Flammable vapor may spread away from spill.
Container may explode in heat of fire. Vapor
explosion, hazard indoors, outdoors, or in
sewers. Eye -and respiratory tract irritant.
Inhalation of concentrated vapors may be
narcotic and cause headaches, nausea and
vomiting.
Waste Paint Filters
Drum Storage
Personal Protection (Spill Clean -'o): Wear
full protective clothing including respirators
and eye protection.
First Aid: Remove to fresh air and call
physician. Flush skin or eye contact with
large amount of water. If swallo-.ied, induce
vomiting and call a physician.
Storage: Protect against physical damage.
Outside or detached storage is recommended.
Maintain drums closed at all time except when
filling or emptying.
Fire Fighting Phases: Use dry chemical foam
or carbon dioxide since water may be
ineffective but water should be used to keep
fire -exposed containers cool. If leak or
spill has not ignited, use wale= spray to
disperse the vapors and to protect personnel
attempting to stop a leak. Water spray may be
used to flush spill away from the exposure
Life Hazards: The presence of high levels of
hexavalent chromium can cause the following
hazards if ingested, inhaled or from prolonged
contact on the skin. Hexavalent Chromium
compounds have an irritating and corrosive
effect on tissue, which may result in ulcers
or dermatitis. Airborne chromium is a known
carcinogen, (OSHA).
Personal ProteC-Zdon (if spilled):
Protective cic-:iing and gloves should be worn
when handling :he filters. If the filters
have dried ou:, dust respirators should be
worn also.
First Aide: ';ash off paint from skin. If
splashed in eves, flush with water.
Storage: Store in closed containers. Protect
against physical damage. Store away from
direct sources of heat or flames.
Fire Fighting Phases: Extinguish with dry
chemical, foar or carbon dioxide. Cool near
by drums with ater.
Waste Rinsewaters Life Hazard: Pinsewaters contain hazardous
Following Cleaning levels of chro-.ium and are also very acidic.
Aladine, DX440 For these reascns, the rinsewater can cause
Metal Prep
burns to the s1: -n or eyes upon contact.
Personal Protection: (if spilled) Avoid
Wear
direct contac- with rinsewater.
protective clo-z�hing including gloves, safety
goggles and rubber apron or suit if cleaning
up spill. Thorcughly wash skin or eyes for 15
minutes with w=:er if contacted material.
First Aid: If contact on skin or eyes, flush
with large amounts of water. Call a physician
if burns persist.
Storage: Treated in corrosion resistant
treatment unit.
Fire Fighting: Nonflammable.
Life Hazard: Combustible, will burn, may be
ignited by hea-, sparks and flames. Liquid
may irritate s::in and eyes. If swallowed,
will cause nausea, vomiting.
Personal Protection: (if spilled):
Wear
protective gloves and safety goggles.
First Aid: Ingestion: Do not lavage or
induce vomiting. Aspiration: Treatment
probably not required; delayed development of
pulmonary irritation can be detected by serial
chest x-rays. Skin: Wipe off and wash with
soap and water.
Z
1.7
Storage: Store away from sources of ignition
in closed containers.
Fire Fighting phases: Extinguish with dry
chemical, foam or carbon dioxide. Water may
be ineffective on fire.
EMERGENCY EQUIPMENT
1.7.1 GENERAL
Chapter 30.524 of 310 CMR requires that Eastern Technologies
maintain list of all emergence equipment required at the
facility.
In addition, the location of each piece of equipment must be
specified along with a brief outline of its capabilities. At
a minimum, this plan must include the following, unless
Eastern Technologies requests the MADEP determines in writing
that none of the hazards posed by waste handled at the
facility could require a particular kind of equipment
specified:
(a) An internal communications or alarm system capable of
of
providing immediate emergency instruction
signal) to facility personnel.
(b) A device, such as a telephone (immediately available at
the scene of operations) or a hand held two-way radio,
capable of summoning
or emergency fomcstates ornclocalm the local
emergency
police department,
response teams.
(c) Portable fire extinguishers, fire control equipment
(including special extinguishing equipment, such as that
using foam, insert gas or dry chemicals), spill control
equipment and decontamination equipment.
1.7.2 SPECIFIC
Eastern Technologies maintains its facility in compliance
with the rules and regulations specified in subsection
1.7.1. With regard to preparedness and prevention, the
following emergency response equipment is maintained at
Eastern Technologies. Site plan A shows the locations of
the preparedness and prevention equipment.
1.7.2.1 COMMUNICATIONS EQUIPMENT AND ALARMS
Telephones are available throughout the facility.
Locations of phones closest to the hazardous waste
storage, generation and wastewater treatment area are
shown on site plan A. The emergency coordinator and
alternate are equipped with paging beepers.
1.7.2.2
1.7.2.3
1.7.2.4
1.7.2.5
In case of fire, pull alarms are located throughout he
plant. Locations are shown on site plan A. The alarms,
when pulled, will should through the facility signifying
an evacuation. The alarm will directly ring the local
will then notify the police
fire department, who
department
FIRS CONTROL EQUIPMENT _
The following fire fighting equipment is available:
1. Fire hydrants for truck hookup are located around
the facility. Locations are shown on site plan A.
2. Approximately 100 ABC fire extinguishers are
located in the facility.
SPILL CONTROL EQUIPMENT
Spill cart containing 1 bag of absorbent plus 8-10
absorbent socks. An additional stock of absorbent (at
and
least a dozen) are kept in the service
a shop andrea.Ve n the
empty drums are stored by the paintp
stockroom.
PERSONAL PROTECTIVE EQUIPMENT
The following stock of protective equipment is or will be
maintained in the facility for use by personnel during an
emergency:
1. Rubber gloves (3 pairs), safety goggles (6 pairs),
disposable Tyvek suits (6 sets), dust respirators
(1 dozen), acid mist, organic vapor cartridges and
respirators (3 sets) are kept in the First Aid
Room.
2. Rubber boots (3 pairs) and full suit of rubber rain
gear (3 sets) are kept in the maintenance area.
3. Three (3) eye wash stations, located on site plan
A.
EQUIPMENT TESTING AND MAINTENANCE
It shall be the responsibility of the Emergency
Coordinator to periodically test communication,
fire
control equipment and to ensure that all spill response,
personnel protective and first aid equipment is available
on-site. A bimonthly inspection of this material is
specified in the inspection plan.w rk ngxtanduis ers are
checked annually for proper
visually.
1.3 COORDINATION AGREEMENTS
Chapter 30.521 of 310 CMR requires arrangements be agreed
to by local police and fire departments, hospitals, local
board of health contractors and state and local emergency
response teams. In fulfillment of the requirements of
this part, Craig Systems has made or will make agreements
that include: --
Arrangements to familiarize the local police and fire
departments and local board of health with:
• The layout of the facility.
• Properties and hazards associated with the wastes
handled at the facility.
• Places where facility personnel would normally be
working.
• Entrances to the facility.
• Evacuation routes.
Agreements have been or will be made with MADEP Emergency
Response Office to provide support, as needed, during an
actual emergency.
Arrangements have been or will be made with the local
hospital familiarize their personnel with the properties
of wastes handled at the facility and the types of
injuries of illnesses which could result from fires,
explosions or releases at the facility.
j Said departments, agencies and emergency response
personnel will be requested to provide those services
described below in the event of an actual emergency.
A copy of Eastern Technologies Contingency Plan has been
submitted to the local police department, local fire
department, local hospital, local board of health, chief
executive officer of the community and MADEP.
Middleton Police Department has been asked to provide the
following assistance during an emergency:
• Primary emergency authority
• Immediate response
• Emergency transport services
• Crowd control assistance
• Communications support
• Security to affected area
• Evacuation of surrounding areas, if required
The Middleton Fire Department has been asked to provide:
• Primary emergency authority
• Immediate response
• Primary fire fightingtransport services
• Rescue and emergency
• Communications support
The Lawrence General Hospital has been asked to provide:
• Primary medical services
• Rescue services
MADEP has been asked to provide:
• Technical support
• Communications support
Copies of the letters sent to the authorities are
maintained at the facility.
1.9 CONTINGENCY PLAN AMENDMENT
Periodically, Eastern Technologies Contingency Plan and
Emergency Procedures Plan will be reviewed and updated,
as necessary. The plan ,aill be immediately amended, it
necessary, whenever;
1. The plan fails in an emergency.
2. The facility makes changes in its design,
construction, operation, maintenance or security
system or other circumstances which would increase
the potential for fires, explosions or release of
hazardous was constituents or which may effect
emergency response procedures.
3. There are changes in Emergency Coordinators.
4. There are changes in the amount or type of
emergency equipment.
5. Applicable regulations are revised.
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