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Miscellaneous - 383 ABBOTT STREET 4/30/2018 (4)
�� w 05-22-03 11- 10:59 HYATT&HYATT ID=9786898977 P01/05 LAW OFFICES HYATT & HYATT 8 Jackson Court Lawrence, Massachusetts 01840-1612 WMBUR A HYATT THOMAS J. sURKE Ta.EPHONE (979) 688-3521 ARMAND M. WATT* FACSIMILE TRANSMISSION COVER SHEET„ 7WXCOPZR (978) 689-8977 • Adnrittad to MA. NH and CAI. Rm Date. May 22, 2003 To: Brian LaGrasse North Andovar Boardof Health Via Fax Number: (978) 688-9542 Telephone Confirmation (978) 688-9540 Number of Pages being sent, including this Cover Sheet: From: 'Wilbur A. Hyatt Re: Joseyh Averka = 383 Abbott Street, North Andover, MA Memo: Mr.. LaGrasse: Attached'is the letter which Y received by fax from Robert Cashins. Wilbur A. Hyatt CONFIDENTIALITY NOTICE: The information and documents hereby transmitted are privileged and contain confidential matters intended ordy for the party named above. No other reading, dissemination, distribution or reproduction is authorized. If you receive this telecopy in error, please notify the sender immediately by telephone and return by mail the transmitted original(s) without making any copy. Your expense in so doing will be reimbursed promptly. Thank you for your attention and cooperation in preserving confidentiality and privacy. 05-22.03 11:00 HYATT&HYATT ID=9786898977 PO4/05 05/22/2003 11:26 7819444082 (-Ab i1Nb & AS5:UGIA I ES F'AbF- 114 �.5H1NS & ASSociates, Inc. Jnrluar:aJ Nm:rne A fn rJimm�r»tal TrtJng May 5, 2003 Joseph Averka 383 Abbott Street North Andover, MA 011345 Dear Mr. Averke: Casbins 8t Associates, Inc- bas been retained by you to assist in the scheduling of clean up work at your. home required by the North Andover. Hoard of Health. This proposal is intended to outline for you the steps thatwe will be taking on your behalf and the costs. It is not possible to accurately estimate the cost associated with the work. We have attempted to provide a broad estimate of costs. The following needs to be accomplished. • Collect microbiological data and conduct a visual inspection of the house and pTopertY a Develop of plan of action, including removal of household items, complete cleaning of the house, plumbing repairs, carpentry work, sewer line connection, and re -occupancy of the house by your and your mother. a Oversee work by contractors to insure proper performance. a Interaction with the North Andover Hoard of Health Cashins & Associates, Inc. will assist you in identifying contwtors who wilt do the work. Thesecontractors will work directly for yon. Cashins will have an oversight role to insure that the work is donein a manner that will be agreed upon prior to the start of work. I expect to have somebody at the house on a daily basis to insure that the work proceeds on schedule and is done as required 1*'TVM VAP""7ffi V*V)AV! 141TAt $Q Main Street - Reading, MA 01867 - Phone: 781-944-4060 • Fax: 781.944-40,32 AS --22-03 10:21 TO:HYATT&HYATT FROH:7B19444062 PO4 05-22-03 11:00 HYATT&HYATT ID=9786898977 PAS/0S 05/2212003 11:26 7819444082 CASHINS & A55UG1A1t:6 VAUL a -D I estimate that our cost in this effort will be in the Acinity of $12,000 - $15,000. This cost includes the following: Initial start tip of project $1,500.00 Microbiological survey $2,400.00 Arrange for contractors $1,500.00 Oversight of cleaning and repairs $5,500.00 Relocation of belongings back to space $1,200.00 Board of Health lutcraction and Miscellaneous problems $1,000.00 It will be necessary uo put $15,000 into an escrow account that will be handled by Wilbur Hyatt. We will draw from that account as the work proceeds. Mr. Hyatt will authorize the payments based upon our time sheets and other documentation. This same procedure should be used for contractors that are hived. Time is extremely important. We must move .forward without delay as required by the North Andover Board of Health. I suggest we meet with Mr. Hyatt after the microbiological survey to agree upon the work and begin the process. Ido not think it is feasible for you to attempt to do the work. I also Seel that it will be impossible io work with you, your mother, and the cats living in the house. We must agree on these issues or it .will be impossible to continue. I will be speaking with you and Attorney Hyatt soon to determine how we are to proceed. Sincerely, Cashins & Associates, Inc. Robert F. Cashius Certified ygienist ,5 f Cc: Attorney Wilbur Hyatt Eyxwewv*r.»n�w�uveu„b, CASHINS & ASSOCIATES, Inc. 80 Main Street • Reading, MA 01867 • Phone: 781-444-40601 • Fax- 731-944-4087 65-22-03 10:21 TO:HYATT&HYATT FROM:7819444A82 Pas 05-22'03 1'0:59 HYATT&HYATT ID=9786898977 P02/05 05/22/2003 11:26 7619444082 CASHINS & ASSOCIATES PAGE 02 CASHINS & Associates, Inc. lnrh+FfrW h%p*mc &biv rr nmr�r f 7...Nin� May 22, 2003 Joseph Averka 383 Abbott Street North Andover, MA 01845 Dear Mr. Avcrka: After a telephone conversation with Attorney Hyatt and the North Andover Board of Health, l have agreed to continue working on the clean up of your home_ The sequence of events that will take place includes the following-- You ollowing:You must remove 211 ofyour valuables such a.Q money, stock certificates, jewelry, and otherpeesonal items that are important w you and your mother. • You must identify furnishings and clothing that you want to keep (these items will be stored and cleaned if possible)_ • All other items will be disposed of as waste inchulbg furniture, clothing, newspapers, etc. • A cont m mos will be selected to remove all items from the house. • The items to be kept will be. inspected, tested, and cleaned ifpossible. • Items deemed too contaminated to be cleaned will be disposed of after discussions with you. • Once the house is empty, the interior will bo inspected for mold and general contamination. • The interior of the house will be decontaminated as roxdcd and cleaned. This may include washing or steam cleaning of surfaces. • A carpenter and plumber or your choosing will be retained by you to perform needed repair work. • A contractor chosen by you will make the connection to the sewer system. • The house will be inspected by the Board of Health once all of the cleaning and repair work is completed. AQ Main Street • Reading, MA 01867 . Phone: 781-944-4060 • Fax: 781-944-4082 85-22-83 10:28 TO:HYATT&HYATT FAOM:7819444982 P92 85-22-83 r1:88 HYATT&HYATT ID=9786898977 PA3/05 05/22/2003 11:26 7619444082 UAbH1N5 & AS5IXIAItb I'AbE U3 • Furnishings will be returned to the house. There will be many problems drat will be encountered during the project. I =Mot provide an exact cost formy services or the clean up in general. The*eost will depend upon how much of your belongings you want to save and hover much decontamination of furnishings and the interior of your house will be needed. The more you want to save the greater the cost will be. 1 intend to have each eonb=tor who does work bill you directly for the services rendered. It would be better to have a fund set aside so that the contractors .have assurance that they will be paid. I would be remiss if I didn't suggest an alternative solution which would be to sell the house autd move. I only mention this because it may be less disruptive to you and your mother and, in the long rw, less costly. Obviously that decWon should be made before any other work on the house starts. Our original proposal to you dated May 5, 2003 outlines the estimated costs for Cashing & Associates, Inc. only. I have sttaehed a copy of that proposal for your convenience.. We need some assurance that we will be paid for the work performed. You can provide a check for 515,000 to CasNns & Associates, Inc. or set up an account that we can be paid from. We will document the time spent on the project and provide the time summaries to Attorney Hyatt. If the $15,000 is expended we would notify Attorney Hyatt and you of that fact and determine what additional fimds maybe needed. 1 will only continue with this work if it is clearly understood that you must proceed with the clean up without delay and that the house will be cleaned out prior to inspections and dec ntamination/cieaning Your return of a signed copy of this letter will act as your authorization to proceci sincerely, Cash ins & Associat inc- hart F. Cas 'ns Certified Industrial hygienist Approved By: Joseph Averka Cc. Attomey Wilbur Hyatt 0=1 CASHINS & ASSOCIATES, Inc, 80 Main Street - Reading, MA 01867 - Phone: 781-944-4%0 • Fax: 781-944-4082 9S-22-03 18:28 TO:HYATT&HYATT FROM:7819444082 P83 Ir CASE FILE STATUS SHEET NORTH ANDOVER BOARD OF HEALTH FOLLOW-UP FORM CASE NUMBER: #31/45/47/62 DATE OF COMPLAINT April 23, 1992 ADDRESS: 383 Abbott Street and M38 P51 (Abbott Street) N. Andover DATE: May 11, 1992 ACTION: Site inspection, Dumped materials, illegal landfill conditions as noted in order letter of March 27, 1991. RESULT: Order letter sent on May 14, 1992 to cease and desist dumping and/or landfilling on both properties and remove all materials to a State approved landfill. DATE: May 28, 1992 ACTION: Complaint #45 continued dumping. RESULT: DATE: June 3. 1992 ACTION: Complaint #47 Continued dumping and odors. RESULT: DATE: June 24, 1992 ACTION: Site Inspection of property by Allison Conboy and Richard Doucette. Pictures taken. Materials had not been removed from the property. RESULT: DATE: June 25, 1992 ACTION: Board of Health meeting discussion - meeting notes in folder. The Board of Health agreed to proceed with legal action as the Order Letter of May 14 1992 has not been complied with RESULT: DATE: June 26. 1992 Page 2 Averka Case Status August 18, 1992 ACTION: Memo to Director of Planning and Community Development requesting that the case be presented to Town Council for recommendations. RESULT: Discussions between Karen Nelson and Gayton Osgood case was not presented to Town Council. DATE: August 7, 1992 ACTION: Phone call from neighbor - complainant inquiring what action is being taken on the property._ RESULT: DATE: August 13, 1992 ACTION: Phone call from neighbor - complainant inquiring whether the issue would be discussed at the Board of Health meeting. RESULT: DATE: August 13, 1992 ACTION: Board of Health meeting - neighbors and Faye Averka present. Case discussed - Board of Health makes a motion to post the property - No Dumping Per Order of The Board of Health. Ensure that access to the property is blocked or obstructed. File a Court Complaint for non-compliance with Order Letter. Obtain a recommendation from The Department of Environmental Protection and Town Counsel re: whether all materials should be removed from the property and disposed of at a State approved Land fill or whether materials should be allowed to remain on the property. RESULT: DATE: August 17. 1992 ACTION: Court complaint filed in Lawrence District Court. Site inspection of property revealed lack of signs posted to prevent dumping and small pieces of lumber/tree limbs, approx one foot by one foot laved along lot line abutting the street - inadequate to prevent access to property. Page 3 Averka Case Status August 18, 1992 notified to request recommendation from Town Counsel on whether materials should remain on property or be removed. Phone discussion with Dave Adams, Bob Tanzer and John Buckley from the Department of Environmental Protection. The Board of Health should feel comfortable requiring all materials to be removed from the property. Phone call to Bill Hmurciak, Department of Public Works, re: assistance in blocking access and posting the property. DATE: September 17. 1992 ACTION: Board of Health meeting - Attornev for Averkas Dresent- Long discussion - neighbors present - see meeting minutes. BOH voted to proceed with court complaint. DATE: October 15, 1992 ACTION: Inspection of property - conditions remain as previously noted - a rope approx 4"to 6" off of the ground is placed across the front of the property, running parallel to the street. DATE: October 16, 1992 ACTION: Hearing at Lawrence District Court- Kim Holliday of Kopelman & Paige present- Clerk Magistrate finds sufficent evidence to process the complaint however allows a continuance of o(kuo�cr�@ *►" orXoher �, �n�t2- /�U �#CVA tm v 4 " 4req . �OrbvwqA NOV �1�1�12� P%v`Q- +O P�v\IZG1uv�G r5 NbVb, X12 - Mr1C CG1,U awq WlMnl MCI 62C MYV,,- vy VLWVM 4� 0 6,We, op p w ved Va 10v ,2,I (It (Au -w ASI . (� re h �bbc� - Flo �ew� ori f MOV�M�r V%hV* & 4W/ A 6.(7a6&o, oPw- �hG�5�oV� GM mlirvnmPwi� ik- 4k a r (,Van �n�aur�rv���Gt�ed . N6ut�n�Cr � ��a2--D ��er �m A�fu. C��tiieu 11.QGl�tif��U U he���r�j Nov U, Nz, --� -i1n��bf, ,�Giaavi�ng -�v Ixi G��t��ed �o►' J ►fie, is d1� Wi��v� - l�ty -to f,� ��; Cam�,;v�t �,n l� p►�c��d (bMPVALAk� LEONARD KOPELMAN ODONALD G. PAIGE ELIZABETH A. LANE JOYCE FRANK JOHN W. GIORGIO BARBARA J. SAINT ANDRE JOEL B. BARD RICHARD J. FALLON WILLIAM HEWIG III EVERETT J. MARDER JANE M. O'MALLEY PATRICK J. COSTELLO KAREN V. KELLY DEBORAH A. ELIASON JUDITH C. CUTLER ANNE -MARIE M. HYLAND RICHARD BOWEN CHERYL ANN BANKS BRIAN W. RILEY RAYMOND C. PORFIRI James P. Gordon Town Manager North Andover Town 120 Main Street North Andover, MA KoPELMAN AND PAIGE. P.C. JOSEPH I. MULLIGAN OF COUNSEL ATTORNEYS AT LAW 101 ARCH STREET BOSTON. MASSACHUSETTS 02110-1137 Hall 01845 September 4, 1992 16171 951-0007 FAX 16171 951.2735 NORTHAMPTON OFFICE (4131 585-8632 Re: Authority of Board of Health To Block Access To Private Property Being Used For Illegal Dumping (Averka Property) Dear Mr. Gordon: You have requested an opinion as to whether the Board of Health may block access to a vacant lot located on Abbott Street and owned by Faye Averka. You have advised me that Ms. Averka is allowing extensive dumping of various materials on the site, including asphalt, bricks, concrete, earth materials, woodchips, logs, furniture, household appliances, stumps, and other demolition debris. Ms. Averka has not, however, obtained a site assignment from the Board of Health for use of her property as a private landfill. On May 14, 1992, the Board of Health issued a cease and desist order requiring Ms. Averka to cease dumping materials on this site and relocate all such materials to an approved landfill. Ms. Averka has not complied with the Board of Health's order. In my opinion, there exists no statutory or regulatory authority permitting the Town to -block access 'to private property being used as an illegal dumping site. In this case, were the Town to block access to the Averka property without statutory authority or an appropriate court order, the Town may be subject to an action by the property owner for trespass. Rather, I recommend Health, bring an action O injunction requiring the known, to cease disposal unless and until a site that the Town, through its Board of in Essex Superior Court seeking an property owner and the haulers, if activities on the Abbott Street site assignment is approved by the Board of PRINTED ON RECYCLED PAPER OF NoniH ,� KAREN H.P. NELSON ; °m Director TOWN Of 120 Main Street, 01845 BUILDING NORTH ANDOVER (508) 682-6483 CONSERVATION ss^°��S�s DIVISION OF HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT Memorandum TO : Board of Health FROM : Richard Doucette, Conservation Administrator DATE : April 7, 1993 RE : Averka Landfill As you are aware, I have forwarded a copy of the Simmons report on the Averka landfill to Ben Rice, a local resident who is a Geologist with an independent environmental consulting firm. Considering the controversial nature of the landfill issue, I felt that such an independent review would be beneficial for the Board of Health and the neighbors. Mr. Rice is very experienced in such matters and has reviewed the Simmons report in detail. It is Mr. Rice's opinion that the investigation conducted by Simmons was adequate for the size of the site and that the tests were appropriate. The concentration of toluene detected in the soil was well below EPA Region III's risk- based benchmark value for residential soils. The contamination was surprisingly low considering the urban/ industrial origin of the fill material. I hope this information is valuable to you in your discussions. The Board of Health may wish to consider passing a local regulation prohibiting the importation of fill material from industrial/ commercial sites into North Andover without pre -testing and notification to the Board. Such measures may avoid any similar problems in the future. CC : Karen HP Nelson STNS Em-iromnental Sen ices, Inc. Thomas F. Caffrey Attorney At Law P.O. Box 1317 300 Essex Street Lawrence, MA 01842 Dear Mr. Caffrey, December 10, 1992 Ref.#921.2197 Per our series of recent telephone discussions and our on site meeting of December 2, 1992, enclosed is a proposal for limited subsurface exploration activities at Averka's property at 383 Abbott Street, North Andover, Ma. The work scope which is proposed is based upon my site visit and subsequent discussion with Joseph Averka, and review of the files concerning this matter at the North Andover Board of Health. On the basis of the above, I recommend that a series of 5-6 test pits be placed on the property roughly as shown on the attached site sketch. I am planning to use a small backhoe to open these pits such that the side walls can easily be inspected and representative samples collected. A geologist will be on site directing the development of these pits, screening soil samples using an organic vapor analyzer and logging his field observations. Each test pit will also be photographed using a 35 mm camera and color film. With resp et to chemical analyses, one of the perimeters of prime conce n is total petroleum hydrocarbons or TPH. I believe the mos ap opri e test method is EPA Method 418.1. In this method, petroleum substances are extracted from a soil matrix using a solvent. Silica gel is used to remove or diminish humus effects which can provide a false positive bias. The resultant liquid is then analyzed using an infrared spectrophotometer which has been previously calibrated to known concentrations. I propose to collect TPH samples from each distinct layer within the test pits or when a visible change in strata is observed. If the material is uniform throughout the pit, a composite sample will be collected and analyzed. The other analytical test method which I recommend would be for eight metals commonly referred to as the "drinking water" metals as described within the Resource Conservation and Recovery Act (RCRA). These metals, arsenic, barium, cadmium, chromium, lead, mercury, selenium and silver are 2; Kinoz:. A,,(:nuc i?a:erhill. MA 018.10 Fax 508--;21-`3'22 3 3 A,y Averka U date: srs- Starr stated that Mrrre�sgood some clean fill s and he whas entby today and Mr. Mrs. Starr have a few mounds Averka is been approvin °f fill around. Dr- MacMillan stated g the fill. barrier. Dr. MacMillan a suggested Mr' Averka has to send three days to install Dr. MacMillan stated Averka a letter. a compthe liance up. At the at Mr' Averka has until pliance with our orderif he time June 1st if he ' Mr• Averka will tb put 4 Dr. MacMillan suggested waits until June 16th• not be in tell him ggeSted to get on the that Mrs. Starr to absolutely ball. Dr, call Attorney Caffrey and by June 1st. that this has i TOWN OF NORTH ANDOVER HEALTH DEPARTMENT 120 MAIN STREET NORTH ANDOVER, MA 01845 Telefax Transmittal Form June 16, 1993 Date Addressee: Name: Dti-nrniny Thomas F raffrc y Firm: Street: City, State, Zip: Telefax phone number: SnQ_gA�_glg� From: Town of North Andover Health Department 120 Main Street North Andover, MA 01845 Telephone # (508) 682-6483 Ext. 32 Telefax # (508) 682-2996 Total number of pages, including transmittal form 2 If you do not receive all pages, notify sender immediately. Additional Comments: r 3%omas '7.. Caffrey l�aura (S. Caffrey cSmil%t 3%omas -7 Carey Allorney al Law, J Q April 30, 1993 Francis P. MacMillan, M.D., Chairman North Andover Board of Health Town Hall - Main Street North Andover, MA 01845 Re: Averka Property Dear Dr. MacMillan: , 0. 53ox 1317 300 Cssex c3ireel, 6awrence, J7a 01842 308-686-6151 .lax 508-683-8188 This letter is intended to comply with the Vote of the Board of April 14, 1993. Mrs. Averka agrees (i) to cap the site with clean fill (approved by the Board of Health), (ii) to install a permanent barrier no less than three (3) feet tall, (iii) to complete the work by June 1, 1993, and (iv) to prohibit all persons from dumping at the site. This letter agreement shall not be construed for any purpose as an admission of any past illegal dumping at the site. Also, please be advised that this letter agreement is provided with the understanding that the Board (i) joins Mrs. Averka in requesting a continuance of the criminal action filed in Lawrence District Court, to a June date, and (ii) upon full compliance by Mrs. Averka under this agreement, the Board will join her in requesting a dismissal cf the action. On behalf of Mrs. Averka, I wish to thank the Board for its cooperation in resolving this matter. Very truly yours, Thomas F. Caffrey TFC.:mlm CC: Mrs. Faye Averka W. Simmons L ' i -• �7 3 36cmas -7.. Caffrey J?l"aura (i. Caffrey c3m,1A 'Nomas 9.. Galfrey Rlorney al Law, J C. April 12, 1993 HAND DELIVERED Keith E. McDonough, Clerk -Magistrate Lawrence District Court 381 Common Street Lawrence, MA 01840 Re: Docket No. 9318 CR 4 39 Commonwealth vs. Mrs. Faye Averka Dear Mr. McDonough: 1i�7L� J O. 513ox 1317 300 Cssex 61reel, Lawrence, 2�a 01842 508-686-6151 }ax 508-683-8188 This letter will serve to confirm the request of both the defendant and the Town of North Andover (contact: S. Starr, 682- 6483), to postpone the scheduled pre-trial conference in this case from April 15, 1993 to May 19, 1993: I spoke to Frank Craig of the District Attorney's office on April 9, 1993 and he expressed no objection. This case concerns alleged landfill code violations and will be the subject of a hearing at the North Andover Board of Health April 14, 1993. The defendant has provided the Board of Health with a professional, comprehensive subsurface exploration report by Simmons Environmental Services, Inc., in an effort to resolve the matter. Thank you for your cooperation. Very truly yours, Thomas F. Caffrey TFC:mlm CC: North Andover Board of Health Mrs. Faye Averka Frank Craig, Assistant District Attorney BOARD OF HEALTH 120 MAIN STREET TEL. 682-6483 NORTH ANDOVER, MASS. 01845 Ext. 32 October 27, 1992 Ms. Kathy Earling Assistant Clerk Magistrate Lawrence District Court 82 Amesbury Street Lawrence, MA 01840 Dear Ms. Earling: I am writing to reiterate our recent phone conversation regarding the Averka case. As you are aware, at the hearing on October 16, 1992, :you found sufficient evidence to process the complaint, however, you continued the case until October 30, 1992 at 2 p.m. As I have explained, I will be out of town on the 30th and will not be able to attend the hearing. I have very recently heard from Attorney Caffrey, counsel for Mrs. Averka, who states that the defendant is now willing to comply with the orders, however, I have not heard from the defendant herself, and I have no evidence to suggest that she is in fact making any effort to comply. I recommend that this case be processed at this time, however, if you are presented with any documentary evidence which suggests that the defendant is attempting to comply, I would agree with one final two week continuance. I will contact you by phone on October 30, 1992, to discover the outcome of this situation. Thank you for your time and consideration in this matter. cc: I$aren Nelson, Director Mrs. Faye Averka Attorney Caffrey NHealtt ly yo rs, Con ra R.S.dministrator (� of Planning & Community Dev. BOARD OF HEALTH Averka ProDerty Update: 120 MAIN STREET NORTH ANDOVER, MASS. 01845 TEL. 682-6483 Ext. 32 Ms. Conboy stated that the Averka property there isn't a pre- trial conference date, the complaint is still there and Ms. Conboy called about it twice and it is not ready to be signed. Ms. Conboy called the clerk Magistrate that had the hearing with her and she promised they would have it all by next week to sign and then they would set a pre-trial conference date. The Averka's hired an environmental firm and they sent a letter outlining what testing he was willing to do and what he felt was necessary for that property. Ms. Conboy stated that she called DEP and passed it by them and they said that the proposed testing sounds adequate as long as a risk assessment is included. A date has been set for Tuesday to do all the deep holes and conduct all the soil testing. Extra soil samples will be provided to the Health Office. Ms. Conboy stated that Mrs. Averka called to say that she wished there was another way that this can be done. Mrs. Averka mentioned that all the material that came from the MBTA belongs to the MBTA and maybe the MBTA should have it removed. Mrs. Averka told Ms. Conboy that she is very concerned now - this could be a hazard and the testing is going to cost her about ten (10) thousand dollars. Minutes: January 21, 1993 3 2 ll rA ££££ ['t (SOS) : ve Ala;Bzpotutut sn IJ12;c oo as- anoq'e nay +S SV 9aj'3pN JO 19c«nU awlas aq+ 2.�taoas :u u,, T.OA JO 'P JR,-) aze soidoa xvj esggI fo AUE j a 4 o � T1 T n T V .i a LT ! -- (Jaai{s s?iil ,?UzpttjaUT) s a t d ca i a g x r M3 r-3 m L MR p Lf fes] M cm cm Lac u, OMO VX `gIIHII3&VH `af1NaAV VZONaY JZ 0 1I ' SUDZAUHS 'IV.LXSNXQ�llAXa Sl QNNIS ETA Em 5` C2}��y � 3�.^G--�.1 }}.y�•y�� am W Lei 3 EM am .... -.� {� �.y E3 ® ®e� Eo Ga rm�^^^�,-�. -f go 1:CJ 2m Fm ms W lm E -Z YJ Em 0:1 d m cm l 1�EL�,=w-% Em z:l .riJiK.-7A,i'.. .. M3 r-3 m L MR p Lf fes] M cm cm Lac u, •0 Stephen S. Boynto Project Engineer ENVIRONMENTAL SITE ASSESSMENT MBTA North Station Transportation Improvement Project North Station Garage Site Boston, Massachusetts August 15, 1989 Submitted to Parsons Brinkerhoff/Seelye Stevenson 120 Boylston Street Boston, Massachusetts 02116 by GEI Consultants, Inc. 1021 Main Street Winchester, Massachusetts 01890 (617) 721-4000 Project 89014 Joseph G. Engels, P.I. Project Manager SENT BY MODERN GONTINENTAL ;172-90 +10 06AM ; 8905 NORTH STATION-+ 1 f1i =ti. L © MODERN CONTINENTAL _ 121 Nashua street, Boston, Massachusetts 02114 Q)OHBAYASHI A Joint Venture October 12, 1990 Telephono (617) 227-2080 Fax (617) 227-3858. 190-142-W O'Donnell Sand & Gravel, Inc. P. 0. Box 243 Kingston, MA. 02364 Attention: Ms, Mary O'Donnell Reference: Green Line Relocation and Garage Construction META Contract No. SBCN01 Gentlemen: Confirming our telephone conversation this date. All unclassified excavation material being removed tram the referenced site meets all critieria for being classif.ie.d as uncontamined material. Very truly yours, MODERN CONTINENTAL CONSTRUCTION CO INC /?Co��ry-veeubauer Vice President EXECUTIVE SUMMARY GEI Consultants, Inc. (GEI) conducted an environmental site assessment of the proposed MBTA North Station Garage site in Boston, Massachusetts. GEI's study included a site history review, field subsurface investigations, and laboratory chemical analyses of soil and ground water from the site. GEI's site history assessment was conducted to evaluate if past site use indicates that hazardous material or oil may be, present on the property. The assessment was conducted relative to Massachusetts General Law, Chapter 21E, (MGL 21E), and included review of available site plans, municipal records, Massachusetts Department of Environmental Protection (DEP) records, U.S. EPA records, and other available historical information for the site. In addition, site visits were made to look for. evidence of surficial spills on the site. The site history assessment revealed the following: The North Station area of Boston has been used almost exclusively for railroad terminal operations since the early 1800's. Prior to the 1800's, the area currently under study was part of a tidal inlet of the Charles River. Filling of the tidal inlet occurred in stages from the early 1800's through the mid 1900's. Much of the soil used to fill the inlet came from several small hills around Boston, including Beacon Hill. Construction debris was also used as fill. l' According to DEP records, several reported spills or releases of hazardous material have occurred within one-half to one mile of the site. However, because of their distances from the site, most of these spills are not expected to affect environmental conditions at the North Station Garage site. No evidence was found of spills or releases of significant quantities of oil oi- hazardous materials at the site. However, because the primary current use of the site is for automobile parking, it is likely that leakage of minor amounts of oil acid gasoline from automobiles parked on-site has and continues to occur-. It is anticipated that most of the oil or gasoline that does leak is either evaporated, washed into storm drains, or absorbed by the asphalt pavement. GEI's initial subsurface investigation included advancement of 13 soil borings, with monitoring wells installed in 12 of the boreholes. A total of nineteen soil samples obtained from the borings were tested for the presence of Volatile Organic Compounds (VOCs), Semi -Volatile Organic Compounds (SVOCs), Total Petroleum Hydrocarbons by partition -infrared methods (TPH by IR), and EP Toxicity Metals. Ground water samples were obtained from the twelve monitoring wells and tested for VOCs and TPHs. Based on the results of the laboratory chemical analyses and the site -history revicw, it does not appear that a release of hazardous material or oil has occurred on the subject J site. In general, very low levels of VOCs, SVOCs, and EP Toxicity Metals were detected in the soil samples. Values of TPH by IR ranged from below the minimum detectable level to E ppm. To further investigate and define the extent of TPH on the site, ten (10) supplemental soil borings were drilled to obtain additional soil samples for TPH testing. Forty (40) soil samples from the supplemental borings were tested for TPH by gas chromatography using a flame ionization detector (TPH by GC/FID). No petroleum hydrocarbons were detected in any of the forty soil samples tested by the GC/FID method. Based on this data it is GEI's opinion that TPH levels detected by the IR method are a result of non,-_ I� petroleum compounds containing carbon -carbon bonds which appear similar to. J petroleum compounds when tested by the IR method. Based on the results of the laboratory chemical tests on water it appears that no significant release of hazardous material has occurred on-site or off-site which has had.. a significant influence on the environmental conditions on the site. The ground water chemical quality appears to be better than average for an urban setting in Boston.. Based on the results of the laboratory chemical testing on soil, it is GEI's opinion t1 --la soils excavated during construction of the MBTA North Station Garage do not have. to be treated as hazardous;rfiaterial or as petroleum contaminated soil. In our opinion, these soils should be sti/itable for use as miscellaneous fill. Based on the chemical testing results on ground water, it is GEI's opinion than (Tron'no t water pumped during construction dewatering operations will not require any special pretreatment for chemical contamination. Standard sedimentation controls may l') needed depending on the turbidity of the dewatering effluent. Discharge to local sewers or to the Charles River will require permits from the controlling governik- agencies. ii EXEGUTWE SUMMARY GEI Consultants, Inc. (GEI) conducted an environmental site assessment of the proposed MBTA North Station Garage site in Boston, Massachusetts. GEI's study included a site history review, field subsurface investigations, and laboratory chemical analyses of soil and ground water from the site. GEI's site history assessment was conducted to evaluate if past site use indicates that hazardous material or oil may beu present on the property. The assessment was conducted relative to Massachusetts General Law, Chapter 21E, (MGL 21E), and included review of available site plans, municipal records, Massachusetts Department of Environmental Protection (DEP) records, U.S. EPA records, and other available historical information for the site. In addition, site visits were made to look for evidence of surficial spills on the site. The site history assessment revealed the following: The North Station area of Boston has been used almost exclusively for railroad terminal operations since the early 1800's. Prior to the 1800's, the area currently under study was part of a tidal inlet of the Charles River. Filling of the tidal inlet occurred in stages from the early 1800's through the mid 1900's. Much of the soil used to fill the inlet came from several small hills around Boston, including Beacon Hill. Construction debris was also used as fill. According to DEP records, several reported spills or releases of hazardous material have occurred within one-half to one mile of the site. However, because of their distances from the site, most of these spills are not expected to affect environmental conditions at the North Station Garage site. * No evidence was found of, spills or releases of significant quantities of oil or hazardous materials at the site. However, because the primary current use of the site is for automobile parking, it is likely that leakage of minor amounts of oil and gasoline from automobiles parked on-site has and continues to occur. It is anticipated that most of the oil or gasoline that does leak is either evaporated, washed into storm drains, ' or absorbed by the asphalt pavement. GEI's initial subsurface investigation included advancement of 13 soil borings, with monitoring wells installed in 12 of the boreholes. A total of nineteen soil samples obtained from the borings were tested for the presence of Volatile Organic Compounds (VOCs), Semi -Volatile Organic Compounds (SVOCs), Total Petroleum Hydrocarbons by partition -infrared methods (TPH by IR), and EP Toxicity Metals. Ground water samples were obtained from the twelve monitoring wells and tested for VOCs and TPHs. BOARD OF HEALTH Thomas F. Caffrey Attorney at Law P.O. Box 1317 300 Essex Street Lawrence, MA Dear Mr. Caffrey: 120 MAIN STREET TEL. 682-6483 NORTH ANDOVER, MASS. 01845 Ext. 32 January 7, 1993 I have reviewed the proposal from Simmons Environmental Services, Inc. for subsurface exploration and soil analysis for the Averka property on Abbott Street. The proposal appears adequate, however, the site sketch locating the proposed test pits was not enclosed and should be submitted to this department for approval. Simmons proposes five or six pits, however, you must be advised that it may be necessary to excavate additional pits. A written risk assessment for the property based on results of all soil analysis will be required. Should you accept the proposal, the Board of health must be present during all activities. Please be advised, initiating this site investigation does not resend prior orders from this department. If results of the site investigation establish that the materials pose no hazard, and both this department and the DEP agree, the Board of Health will allow the material to remain on the site provided no further dumping occurs. To date, the Board of Health has not been notified of a pretrial conference date for the complaint in Lawrence District Court. It would certainly be to your clients advantage to have this investigation completed prior to the pretrial conference. -s Page 2.. Attorney Caffrey January 7, 1993 Please contact this office if you still wish to be placed on the agenda for the next Board of Health meeting on January 21, 1993. Feel free to contact me with any questions you may have regarding this matter. Very truly yours, fiY�Aft(-(64U Allison C. Conboy, R.S. C.H.O. Health Administrator cc: Karen H.P. Nelson, Division of Planning & Community Dev. Board of Health Mrs. Faye Averka Page 3 Averka Case Status August 18, 1992 Karen Nelson. Director of Planning & Community Developmer'. notified to request recommendation from Town Counsel on whetT:, materials should remain on property or be removed. Phone discussion with Dave Adams, Bob Tanzer and John, Buckley from the Department of Environmental Protection. The Board of Health should feel comfortable reauirina all materials to be removed from the propert Phone call to Bill Hmurciak, Department of Public Works, re: assistance in blocking access and posting the property. DATE: September 17. 1992 ACTION: Board of Health meeting - Attornev for Averkas Dresent- Long discussion - neighbors present - see meeting minutes. BOH voted to proceed with court complaint. DATE: October 15, 1992 ACTION: Inspection of property - conditions remain as previously noted - a rope approx 4"to 6" off of the ground is placed across the front of the property. running parallel to the street. DATE: October 16, 1992 ACTION: Hearing at Lawrence District Court- Kim Holliday of Kopelman & Paige present- Clerk Magistrate finds sufficent evidence to process the complaint however allows a continuance of ociulxr�o � oAkv 3r�, l¢�ev� �orvt Bb l 4 �+I`I � �ov�-hnv�ad Nov 204"`@ Zpm. �pu �1�1G12- �,lnDs"a- cW4-0 (Camet, Co��YLtG{-0✓� lym t�UVO� �1G�2 - �hbYIC CGU � �'P,G� I�Vv�c� t2e: WlnUl W1GtSk {2� G�bV'� AMI VYIG�Cf�Ia.I�z UW't�if Vx aUW7V¢d MV, �v ved '�a1� cau -w Rai G �Qwa ori 1nfi,rWnWln 4(m 4 u 4ftlr At 6.06000t VYW- ASGW6161A � hmV UN P,{�VIrUUVi►Y�At� GDVIhU�Iia,+�� — Ceti � G Iti, 4k Gtr Glean Csm�i�,iv�t � !� p►�ce�d (bMPVMR�- �'- LEONARD KOPELMAN ODONALD G. PAIGE ELIZABETH A. LANE JOYCE FRANK JOHN W. GIORGIO BARBARA J. SAINT ANDRE JOEL B. BARD RICHARD J. FALLON WILLIAM HEWIG 111 EVERETT J. MARDER JANE M. O'MALLEY PATRICK J. COSTELLO KAREN V. KELLY DEBORAH A. ELIASON JUDITH C. CUTLER ANNE -MARIE M. HYLAND RICHARD BOWEN CHERYL ANN BANKS BRIAN W. RILEY RAYMOND C. PORFIRI James P. Gordon Town Manager North Andover Town 120 Main Street North Andover, MA KoPELMAN AND PAIGE. P.C. JOSEPH 1. MULLIGAN OF COUNSEL ATTORNEYS AT LAW 1O1 ARCH STREET BOSTON, MASSACHUSETTS 02110-1137 Hall 01845 September 4, 1992 16171 951-0007 FAX 18171 951.2735 NORTHAMPTON OFFICE 14131 585-8632 Re: Authority of Board of Health To Block Access To Private Property Being Used For Illegal Dumping (Averka Property) ^ Dear Mr. Gordon: V You have requested an opinion as to whether the Board of Health may block access to a vacant lot located on Abbott Street and owned by Faye Averka. You have advised me that Ms. Averka is allowing extensive dumping of various materials on the site, including asphalt, bricks, concrete, earth materials, woodchips, logs, furniture, household appliances, stumps, and other demolition debris. Ms. Averka has not, however, obtained a site assignment from the Board of Health for use of her property as a private landfill. On May 14, 1992, the Board of Health issued a cease and desist order requiring Ms. Averka to cease dumping materials on this site and relocate all such materials to an approved landfill. Ms. Averka has not complied with the Board of Health's order. In my opinion, there exists no statutory or regulatory authority permitting the Town to -block access,to private property being used as an illegal dumping site. In this case, were the Town to block access to the Averka property without statutory authority or an appropriate court order, the Town may be subject to an action by the property owner for trespass. Rather, I recommend that the Town, through its Board of Health, bring an action in Essex Superior Court seeking an injunction requiring the property owner and the haulers, if Oknown, to cease disposal activities on the Abbott Street site unless and until a site assignment is approved by the Board of PRINTED ON RECYCLED PAPER T L NOR1/, KAREN H.P. NELSON o�' Town of 120 Main Street, 01845 Director NORTH ANDOVER (508) 682-6483 BUILDING CONSERVATION gs�CMU5E4 DIVISION OF HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT Memorandum TO : Board of Health `✓ FROM : Richard Doucette, Conservation Administrator DATE : April 7, 1993 RE : Averka Landfill As you are aware, I have forwarded a copy of the Simmons report on the Averka landfill to Ben Rice, a local resident who is a Geologist with an independent environmental consulting firm. Considering the controversial nature of the landfill issue, I felt that such an independent review would be beneficial for the Board of Health and the neighbors. Mr. Rice is very experienced in such matters and has reviewed the Simmons report in detail. It is Mr. Rice's opinion that the investigation conducted by Simmons was adequate for the size of the site and that the tests were appropriate. The concentration of toluene detected in the soil was well below EPA Region III's risk- based benchmark value for residential soils. The contamination was surprisingly low considering the urban/ industrial origin of the fill material. I hope this information is valuable to you in your discussions. The Board of Health may wish to consider passing a local regulation prohibiting the importation of fill material from industrial/ commercial sites into North Andover without pre -testing and notification to the Board. Such measures may avoid any similar problems in the future. CC : Karen HP Nelson iNIO;'y December 10, 1992 `�� Ref.#921.2197 Em?ironmental Services, Inc. Thomas F. Caffrey Attorney At Law P.O. Box 1317 300 Essex Street Lawrence, MA 01842 Dear Mr. Caffrey, Per our series of recent telephone discussions and our on site meeting of December 2, 1992, enclosed is a proposal for limited subsurface exploration activities at Averka's property at 383 Abbott Street, North Andover, Ma. The work scope which is proposed is based upon my site visit and subsequent discussion with Joseph Averka, and review of the files concerning this matter at the North Andover Board of Health. On the basis of the above, I recommend that a series of 5-6 test pits be placed on the property roughly as shown on the attached site sketch. I am planning to use a small backhoe to open these pits such that the side walls can easily be inspected and representative samples collected. A geologist will be on site directing the development of these pits, screening soil samples using an organic vapor analyzer and logging his field observations. Each test pit will also be photographe4 using a 35 mm camera and color film. With respct to chemical analyses, one of the perimeters of prime conce n is total petroleum hydrocarbons or TPH. I believe the mos ap opri e test method is FPA Method 418.1. In this method, petroleum substances are extracted from a soil matrix using a solvent. Silica gel is used to remove or diminish humus effects which can provide a false positive bias. The resultant liquid is then analyzed using an infrared spectrophotometer which has been previously calibrated to known concentrations. I propose to collect TPH samples from each distinct layer within the test pits or when a visible change in strata is observed. If the material is uniform throughout the pit, a composite sample will be collected and analyzed. The other analytical test method which I recommend would be for eight metals commonly referred to as the "drinking water" metals as described within the Resource Conservation and Recovery Act (RCRA). These metals, arsenic, barium, cadmium, chromium, lead, mercury, selenium and silver are 11.1 ON5 o ]CIe11110(1C 5',1�-111.�:,z� Fax 1115-•2 L � i 11 Averka Update - Mrs. Starr stated that she went by today and Mr. Averka is spreading some clean fill and has a few mounds of fill around. Mr. Osgood and Mrs. Starr have been approving the fill. Dr. MacMillan stated that Mr. Averka has three days to install a barrier. Dr. MacMillan suggested to send Mr. Averka a letter. Dr. MacMillan stated that Mr. Averka has until June 1st to put the barrier up. At the present time, Mr. Averka will not be in compliance with our order if he waits until June 16th. Dr. MacMillan suggested that Mrs. Starr call Attorney Caffrey and tell him to get on the ball. Dr. MacMillan stated that this has to absolutely closed off by June 1st. BOARD OF HEALTH F i ^ i 120 MAIN STREET TEL. 682-6483 ,SSAC .HUs�t NORTH ANDOVER, MASS. 01845 ,,.. Ext. 32 0 June 14, 1993 Keith E. McDonough, Clerk -Magistrate Lawrence District Court 381 Common Street Lawrence, MA 01840 RE: Docket No. 9318 CR 4 39 Commonwealth vs. Mrs. Faye Averka Dear Mr. McDonough: Because of the progress of the work, now nearing completion, at the site of 356 Abbott Street, the Board of Health of the Town of North Andover joins with Attorney Thomas F. Caffrey and his client in requesting a dismissal of this case. Sincerely, Francis P.: acMilla , M.D. Cha' an 17 e--, John Rizza�hf!DV, ber Gayton Osgood Member TOWN OF NORTH ANDOVER HEALTH DEPARTMENT 120 MAIN STREET NORTH ANDOVER, MA 01845 Telefax Transmittal Form June 16, 1993 Addressee: From: Firm: Street• City, State, Zip: Telefax phone number: 5OQ-63-8188 Town of North Andover Health Department 120 Main Street North Andover, MA 01845 Telephone # (508) 682-6483 Ext. 32 Telefax # (508) 682-2996 Date Total number of pages, including transmittal form. If you do not receive all pages, notify sender immediately. Additional Comments: BOARD OF HEALTH 120 MAIN STREET TEL. 682-6483 NORTH ANDOVER, MASS. 01845 . Ext. 32 June 14, 1993 Keith E. McDonough, Clerk -Magistrate Lawrence District Court 381 Common Street Lawrence, MA 01840 RE: Docket No. 9318 CR 4 39 Commonwealth vs. Mrs. Faye Averka Dear Mr. McDonough: Because of the progress of the work, now nearing completion, at the site of 356 Abbott Street, the Board of Health of the Town of North Andover joins with Attorney Thomas F. Caffrey and his client in requesting a dismissal of this case. Sincerely, Francis P. acMilla , M. D. Cha' an John '� -o zza, Def: DV, ,4amber Gayton Osgood (Member ,lfiomas Y. Caffrey Jon.,. C. Caffrey c$mi//i ,7,6 om as 9. Caffrey Allorney al Law, J C May 13, 1993 Keith E. McDonough, Clerk -Magistrate Lawrence District Court 381 Common Street Lawrence, MA 01840 Re: Docket No. 9318 CR 4 39 Commonwealth vs. Mrs. Faye Averka Dear Mr. McDonough: . 0. .T ox 1317 300 Cissex c$/ree% Lawrence, rXa OI642 508-686-61JI _9ax S08 -683 -BIBS One again, in view of the progress made to date, the defendant (my client) and the Town of North Andover request a continuance of the pre-trial.conference in the above -noted case, from: May .19, 1993 to: June 16, 1993 The attached letter dated April 30, 1993 represents the understanding with which Mrs. Averka is intending to comply. To date the required fill has beellplaced on the site, and it will be spread to cap the site later this week. The barrier will be constructed after that. Thank you for your anticipated cooperation. Very truly yours, Thomas F. Caffrey r TFC:mlm CC: North Andover Board of Health Mrs. Faye Averka .Frank Craig, Assistant District Attorney 3Aomas 9 Gaflrey , 11orney al Sam, J C Nomas .3. Ca`frey - J 0. ✓3ox 1317 aura C. Ciaffrey Smil6 300 C.uex cSlreel, Sawrence, J7% 01842 308-686-6131 ,lax 308-6834188 April 30, 1993 Francis P. MacMillan, M.D., Chairman North Andover Board of Health Town Hall - Main Street North Andover, MA 01845 Re: Averka Property Dear Dr. MacMillan: This letter is intended to comply with the Vote of the Board of April 14, 1993. Mrs. Averka agrees (i) to cap the site with clean fill (approved by the Board of Health), (ii) to install a permanent barrier no less than three (3) feet tall, (iii) to complete the work by June 1, 1993, and (iv) to prohibit all persons from dumping at the site. This letter agreement shall not be construed for any purpose as an admission of any past illegal dumping at the site. Also, please be advised that this letter agreement is provided with the understanding that the Board (i) joins Mrs. Averka in requesting a continuance of the criminal action filed in Lawrence District Court, to a June date, and (ii) upon full compliance by Mrs. Averka under this agreement, the Board will join her in requesting a dismissal of the action. On behalf of Mrs. Averka, I wish to thank the Board for'its cooperation in resolving this matter. Very truly yours, Thomas F. Caffrey TFC:mlm CC: Mrs. Faye Averka W. Simmons omas rf Caffrey J�l`aara C. Caffrey csmiM -7Aom as -7 Gaffrey ,Mlorney of Lau), J C April 30, 1993 Francis P. MacMillan, M.D., Chairman North Andover Board of Health Town Hall - Main Street North Andover, MA 01845 Re: Averka Property Dear Dr. MacMillan: M�W►Ann . O. 513ox 1317 300 Cssex cSlreel, Lawrence, J?'a 01842 SOB -686-6131 .lax 508-683-8188 This letter is intended to comply with the Vote of the Board of April 14, 1993. Mrs. Averka agrees (i) to cap the site with clean fill (approved by the Board of Health), (ii) to install a permanent barrier no less than three (3) feet tall, (iii) to complete the work by June 1, 1993, and (iv) to prohibit all persons from dumping at the site. This letter agreement shall not be construed for any purpose as an admission of any past illegal dumping at the site. Also, please be advised that this letter agreement is provided with the understanding that the Board (i) joins Mrs. Averka in requesting a continuance of the criminal action filed in Lawrence District Court, to a June date, and (ii) upon full compliance by Mrs. Averka under this agreement, the Board will join her in requesting a dismissal cf the action. On behalf of Mrs. Averka, I wish to thank the Board for its cooperation in resolving this matter. Very truly yours, Thomas F. Caffrey TFC:mlm CC: Mrs. Faye Averka W. Simmons � J � �i � ` � 7 ul 7 1 .. .�.. •.. iJ�U 0�.j 1i ----� M" 36aMas `� Caffrey .29 aura C. Caffrey 6MIM ,7%omas -7 Gallrey 5711orney al Law, - C April 12, 1993 HAND DELIVERED Keith E. McDonough, Clerk -Magistrate Lawrence District Court 381 Common Street Lawrence, MA 01840 Re: Docket No. 9318 CR 4 39 Commonwealth vs. Mrs. Faye Averka Dear Mr. McDonough: , J o. -Sox 1.317 300 &tsex cSlreel, Lawrence, rJ71`a 01892 506-686-6131 ,lax 506-663-6186 This letter will serve to confirm the request of both the defendant and the Town of North Andover (contact: S. Starr, 682- 6483), to postpone the scheduled pre-trial conference in this case from April 15, 1993 to May 190, 1993: I spoke to Frank Craig of the District Attorney's office on April 9, 1993 and he expressed no objection. This case concerns alleged landfill code violations and will be the subject of a hearing at the North Andover Board of Health April 14, 1993. The defendant has provided the Board of Health with a professional, comprehensive subsurface exploration report by Simmons Environmental Services, Inc., in an effort to resolve the matter. Thank you for your cooperation. Very truly yours, 7/`—L' Thomas F. Caffrey TFC:mlm CC: North Andover Board of Health Mrs. Faye Averka Frank Craig, Assistant District Attorney BOARD OF HEALTH 120 MAIN STREET TEL. 682.6483 NORTH ANDOVER, MASS. 01845 Ext. 32 October 27, 1992 Ms. Kathy Earling `Assistant Clerk Magistrate Lawrence District Court 82 Amesbury Street Lawrence, MA 01840 Dear Ms. Earling: I am writing to reiterate our recent phone conversation regarding the Averka case. As you are aware, at the hearing on October 16, 1992, :you found sufficient evidence to process the complaint, however, you continued the case until October 30, 1992 at 2 p.m. As I have explained,. I will be out of town on the 30th and will not be able to attend the hearing. I have very recently heard from Attorney Caffrey, counsel for Mrs. Averka, who states that the defendant is now willing to comply with the orders, however, I have not heard from the defendant herself, and I have no evidence to suggest that she is in fact making any effort to comply. I recommend that this case be processed at this time, however, if you are presented with any documentary evidence which suggests that the defendant is attempting to comply, I would agree with one final two week continuance. I will contact you by phone on October 30, 1992, to discover the outcome of this situation. Thank you for your time and consideration in this matter. cc:Xaren Nelson, Director rs. Faye Averka Attorney Caffrey NHealtt ly yo rs, AVA Con ra R.S.;dministrator (� of Planning & Community Dev. BOARD OF HEALTH Averka Property Update - 120 MAIN STREET NORTH ANDOVER, MASS. 01845 TEL. 682-6483 Ext. 32 Ms. Conboy stated that the Averka property there isn't a pre- trial conference date, the complaint is still there and Ms. Conboy called about it twice and it is not ready to be signed. Ms. Conboy called the clerk Magistrate that had the hearing with her and she promised they would have it all by next week to sign and then they would set a pre-trial conference date. The Averka's hired an environmental firm and they sent a letter outlining what testing he was willing to do and what he felt was necessary for that property. Ms. Conboy stated that she called DEP and passed it by them and they said that the proposed testing sounds adequate as long as a risk assessment is included. A date has been set for Tuesday to do all the deep holes and conduct all the soil testing. Extra soil samples will be provided to the Health Office. Ms. Conboy stated that Mrs. Averka called to say that she wished there was another way that this can be done. Mrs. Averka mentioned that all the material that came from the MBTA belongs to the MBTA and maybe the MBTA should have it removed. Mrs. Averka told Ms. Conboy that she is very concerned now - this could be a hazard and the testing is going to cost her about ten (10) thousand dollars. Minutes: January 21, 1993 SUMMONTS 'Is . A ; on Conboy , R , SEnvefnental Sergi ices, Inc Noi th Ar.jov r Board of Health 120 14a i. Str ,et North Andover, MA 01845 Dear Ms, Conboy, February 3, 199' Re_ AVERKA Attached please find a rough sketch depicting the location of test pits to be developed at the AVERKA lot on Abbott Street, Per our various telephone di.soussionu, this firm will provide a statement of risk based upon comparison of the results o? the analytical data to be collcuted with existing environmental standards and MDEF policies, We plan to begin excavation at 8:30-9:00 A 'a. on Thursday, Febbruary 4, 1993. All test pigs will main open until you or your designee inspents them. All test pits will be, however, backfilled prior to the end of the day, Should you have any questions regarding this project plc-asc contact met at 508•-521-3333, WAS/kre Enc: Fig. 1 Very t 21`7 William A. Simmons Pringpal 199 -S =02 �' I 73c? 1 Vll lv- P�,NYE NTAL IPCS 1 3 '- 12 2 N E Iv; N'm E N T 1cccc 1z, (SOS) :ve Alaqplpgtuul sr 4JUJUDO AAOqV PPIVm+S SV 99�iPt' JO 144CWnU FM EM roA jo IP I q 12 0 1 1 T Q s g so d 0 Z! x u j asag4 ;0 AU -2 jt : Q 1 0 m am Uf.C-TZS-80S :E79X1`* XVI am m m ED A u u d w o Q ta am 192 M2 em am to 53 ca v- =3 Eo cm 20 ed 0't a r 193 �``�vt�-*`r ��Y�7� tu 0 ED Im Em c£210 VX 'IIIMliAVH '3nXaAV VZOXaX 9Z 0 C71 C2 Cio FM EM 17 IT -IT EM Igim m am FM to am m m ED Q ta am 192 M2 em am to 53 ca v- =3 Eo cm 20 99 193 Cio FM all -ER s—_ EM Igim m am FM to am m m ED Q Im 192 M2 em am 130 m cm 20 02 ED Im Em 0 C71 C2 13 m ro rm -- SENT BY:MODERN CONTINENTAL ;10-12-90 ;10*06AM ; 8905 NORTH STATION- 1 fir :,r'� t; MODERN CONTINENTAL 121 Nashua street, Boston, Masaach-usetts 02114 O H BAYAS HI A Joint Venture Telephone (617) 227-2080 Fax (617) 227-385°8: October 12, 1990 190 142-W ofoQnnell Sand & Gravel, Inc. P. 0. Sox 243 Kingston, MA. 02364 Attention: Ms. Mary O'Donnell Deference: Green Line Relocation and Garage Construction META Contract No. S8CN01 Gentlemen: Confirming our telephone conversation this date. All unclassified excavation material being removed fron the referenced site meets all critieria for being classified as uncontamined material. Very truly yours, MODERN CONTINENTAL CONSTRUCTION CO INC oryeubauer Vice President ' .�:..�... :..t f�rtit:.�...... .....:..1'r:�l:y.�l'.�•ti.FM"w......-. ... .. .. .... .:. ..... .. r EXECUTIVE SUMMARY GEI Consultants, Inc. (GEI) conducted an environmental site assessment of the proposed MBTA North Station Garage site in Boston, Massachusetts. GEI's study included a site history review, field subsurface investigations, and laboratory chemical analyses of soil and ground water from the site. GEI's site history assessment was conducted to evaluate if past site use indicates that hazardous material or oil may be, present on the property. The assessment was conducted relative to Massachusetts General Law, Chapter 21E, (MGL 21E), and included review of available site plans, municipal records, Massachusetts Department of Environmental Protection (DEP) records, U.S. EPA records, and other available historical information for the site. In addition, site visits were made to look for evidence of surficial spills on the site. The site history assessment revealed the following: The North Station area of Boston has been used almost exclusively for railroad terminal operations since the early 1800's. Prior to the 1800's, the area currently under study was part of a tidal inlet of the Charles River. Filling of the tidal inlet occurred in stages from the early 1800's through the mid 1900's. Much of the soil used to fill the inlet came from several small hills around Boston, including Beacon Hill. Construction debris was also used as fill. According to DEP records, several reported spills or releases of hazardous material have occurred within one-half to one mile of the site. However, because of their distances from the site, most of these spills are not expected to affect environmental conditions at the North Station Garage site. * No evidence was found of spills or releases of significant quantities of oil oi- hazardous materials at the site. However, because the primary current use of the site is for automobile parking, it is likely that leakage of minor amounts of oil and gasoline from automobiles parked on-site has and continues to occur. It is anticipated that most of the oil or gasoline that does leak is either evaporated, washed into storm drains, or absorbed by the asphalt pavement. GEI's initial subsurface investigation included advancement of 13 soil borings, with monitoring wells installed in 12 of the boreholes. A total of nineteen soil samples obtained from the borings were tested for the presence of Volatile Organic Compounds (VOCs), Semi -Volatile Organic Compounds (SVOCs), Total Petroleum Hydrocarbons by partition -infrared methods (TPH by IR), and EP Toxicity Metals. Ground water samples were obtained from the twelve monitoring wells and tested for VOCs and TPHs. J Ja does not appear that a release of hazardous material or oil has occurred on the subject JJ site. In general, very low levels of VOCs, SVOCs, and EP Toxicity Metals were detected in the soil samples. Values of TPH by IR ranged from below the minimum J ii Based on the results of the laboratory chemical analyses and the site-histciry review, it does not appear that a release of hazardous material or oil has occurred on the subject JJ site. In general, very low levels of VOCs, SVOCs, and EP Toxicity Metals were detected in the soil samples. Values of TPH by IR ranged from below the minimum detectable level to 8600 ppm. 1 To further investigate and define the extent of TPH on the site, ten (10) supplemental soil borings were drilled to obtain additional soil samples for TPH testing. Forty '(40) soil samples from the supplemental borings were tested for TPH by gas chromatography using a flame ionization detector (TPH by GC/FID). No petroleum hydrocarbons were. detected in any of the forty soil samples tested by the GC/FID method. Based on this data it is GEI's opinion that TPH levels detected by the IR method are a result of non-_ petroleum compounds containing carbon -carbon bonds which appear similar to. petroleum compounds when tested by the IR method. Based on the results of the laboratory chemical tests on water it appears that lio has occurred on-site or off-site which has h,d . significant release of hazardous material a significant influence on the environmental conditions on the site. The groundwater chemical quality appears to be better than average for an urban setting in Boston; Based on the results of the laboratory chemical testing on soil, it is GEI's opinion thai . soils excavated during construction of the MBTA North Station Garage do not have to be treated as hazardous material or as petroleum contaminated soil. In our opinion, these soils should be ,suitable for use as miscellaneous fill. Based on the chemical testing results on ground water, it GEI's opinion thattgrc;11-rnd water pumped during construction dewatering operations will not require any special he t pretreatment for chemical contamination. Standard sedimentation controls m,ay needed depending on the turbidity of the dewatering effluent. Discharge to local sewers or to the Charles River will require permits from the controlling govcri, 1,t agencies. ii EXECUTIVE SUMMARY GEI Consultants, Inc. (GEI) conducted an environmental site assessment of the proposed MBTA North Station Garage site in Boston, Massachusetts. GEI's study included a site history review, field subsurface investigations, and laboratory chemical analyses of soil and ground water from the site. GEI's site history assessment was conducted to evaluate if past site use indicates that hazardous material or oil may be_present on the property. The assessment was conducted relative to Massachusetts General Law, Chapter 21E, (MGL 21E), and included review of available site plans, municipal records, Massachusetts Department of Environmental Protection (DEP) records, U.S. EPA records, and other available historical information for the site. In addition, site visits were made to look for evidence of surficial spills on the site. The site history assessment revealed the following: The North Station area of Boston has been used almost exclusively for railroad terminal operations since the early 1800's. Prior to the 1800's, the area currently under study was part of a tidal inlet of the Charles River. Filling of the tidal inlet occurred in stages from the early 1800's through the mid 1900's. Much of the soil used to fill the inlet came from several small hills around Boston, including Beacon Hill. Construction debris was also used as fill. According to DEP records, several reported spills or releases of hazardous material have occurred within one-half to one mile of the site. However, because of their distances from the site, most of these spills are not expected to affect environmental conditions at the North Station Garage site. No evidence was found of . spills or releases of significant quantities of oil or hazardous materials at the site. However, because the primary current use of the site is for automobile parking, it .is likely that leakage of minor amounts of oil and gasoline from automobiles parked on-site has and continues to occur. It is anticipated that most of the oil or gasoline that does leak is either evaporated, washed into storm drains, -or absorbed by the asphalt pavement. GEI's initial subsurface investigation included advancement of 13 soil borings, with monitoring wells installed in 12 of the boreholes. A total of nineteen soil samples obtained from the borings were tested for the presence of Volatile Organic Compounds (VOCs), Semi -Volatile Organic Compounds (SVOCs), Total Petroleum Hydrocarbons by partition -infrared methods (TPH by IR), and EP Toxicity Metals. Ground water samples were obtained from the twelve monitoring wells and tested for VOCs and TPHs. a: 4 Stephen S. Boynto Project Engineer ENVIRONMENTAL SITE ASSESSMENT MBTA North Station Transportation Improvement Project North Station Garage Site Boston, Massachusetts August 15, 1989 Submitted to Parsons Brinkerhoff/ Seelye Stevenson 120 Boylston Street Boston, Massachusetts 02116 by GEI Consultants, Inc. 1021 Main Street Winchester, Massachusetts 01890 (617) 721-4000 Project 89014 Joseph G. Engels, P.E. Project i1.lanager BOARD OF HEALTH Thomas F. Caffrey Attorney at Law P.O. Box 1317 300 Essex Street Lawrence, MA Dear Mr. Caffrey: 120 MAIN STREET TEL. 682-6483 NORTH ANDOVER, MASS. 01845 Ext. 32 January 7, 1993 I have reviewed the proposal from Simmons Environmental Services, Inc. for subsurface exploration and soil analysis for the Averka property on Abbott Street. The proposal appears adequate, however, the site sketch locating the proposed test pits was not enclosed and should be submitted to this department for approval. Simmons proposes five or six pits, however, you must be advised that it may be necessary to excavate additional pits. A written risk assessment for the property based on results of all soil analysis will be required. Should you accept the proposal, the Board of health must be present during all activities. Please be advised, initiating this site investigation does not resend prior orders from this department. If results of the site investigation establish that the materials pose no hazard, and both this department and the DEP agree, the Board of Health will allow the material to remain on the site provided no further dumping occurs. To date, the Board of Health has not been notified of a pretrial conference date for the complaint in Lawrence District Court. It would certainly be to your clients advantage to have this investigation completed prior to the pretrial conference. . I i Page 2. Attorney Caffrey January 7, 1993 Please contact this office if you still wish to be placed on the agenda for the next Board of Health meeting on January 21, 1993. Feel free to contact me with any questions you may have regarding this matter. Very truly yours, A*W � ( i (60 Allison C. Conboy, R.S. C.H.O. Health Administrator cc: Karen H.P. Nelson, Division of Planning & Community Dev. Board of Health Mrs. Faye Averka 3Aomas 9.. Cafrey Allorney of Lau), 2C `7 o. -7.. Caffrey November 25, 1992 Allison C. Conboy, R.S.; CHO Health Administrator Town of North Andover 120 Main Street North Andover, MA 01845 J O. .Tox 1317 300 Cssex 61reel, Lawrence, JXa 01842 508-686-6151 .7ax 508-683-8188 Re: Faye Averka - 383 Abbott Street, North Andover, MA Dear Ms. Conboy: Enclosed please find information concerning Simmons Environmental Services, Inc., the firm we intend to use to test the materials at the Averka site. Very truly yours, 7 �,/ Thomas F. Caffr/y TFC:mlm CC: Mrs. Faye Averka February 3, 1993 SIMMONSRe: AVERKA Ms. Allison Conboy, , R . SEnv8fnental Services, Inc. North Andover Board of Health 120 Main Street North Andover, MA 01845 Dear Ms. Conboy, Attached please find a rough sketch depicting the location of test pits to be developed at the AVERKA lot on Abbott Street. Per our various telephone discussions, this firm will provide a statement of risk based upon comparison of the results of the analytical data to be collected with existing environmental standards and MDEP policies. We plan to begin excavation at 8:30-9:00 A.M. on Thursday, February 4, 1993. All test pits will remain open until you or your designee inspects them. All test pits will be, however, backfilled prior to the end of the day. Should you have any questions regarding this project please contact met at 508-521-3333. WAS/krs Enc: Fig. 1 r Very u ours , /Fr Nf.`rTti./ William A. Simmons Principal 25 Kenoza Avenue Haverhill, NIA 01830 Telephone 508-521-3333 Fax 508-521-3322 ,_ i� � _ - - � v� � _s _ - -- ----- - - ---- __ ... _ .. .. _._ �. � �� � \ j � _ _._ _. _.._ ./� � � � ���� r;: � _ �� ��� �-- _ � � � �� J� 3homas .7 Cal Allorney al Lam, J C gliomas .7. Caffrey November 30, 1992 Allison C. Conboy, R.S.; Clio Health Administrator Town of North Andover 120 Main Street North Andover, MA 01845 - O. .Tox 1,317 300 Cssex cSlreel, Lawrence, J`I`a 01842 508-686-6151 .7ax 508-683-8188 Re: Faye Averka - 383 Abbott Street, North Andover, MA Dear Ms. Conboy: This will confirm my earlier telephone message to advise you that Mr. Simmons will be meeting Mrs. Averka, Mr. Ramey and me at the Averka site on Wednesday, December 2_,- 1992 at 10:00 a.m. Our purpose is to establish the scope of Mr. Simmons' work. You and any other Town officials are welcome to be present. Very truly yours, Thomas F. Caffre TFC:mlm CC: Mrs. Faye Averka 1992-11-20 16-,48 1 508 521 3322 SIMMONS ENVIRONMENTAL SERVICES 005 PO 70 V Ua 'C "' Qy O •- w y y V C ju qj 926 cl wln • - •, -- _ v, -'p•' �. ,� cid .a �,' c� '� o ..., � • � •� � u � .0 , 1' + .. f.: - tn. ' ; i. r•.1 o` + � E ',=' cis , r 1992-11-20 16:48 1 508 521 3322 SIMMONS ENVIRONMENTAL SERVICES 005 Pd �. '',i' {�•• 6.1 � ,, � . •• �' : '• O of , L' .: '`.•:�• � _ '•,.'�'` •'' fir'•. �`..�:,a� O .o � � a, d ' ';C 'w • \ (,� �� Q., d. • .` '. v. � � i} • Op'• � ' . •'3 .a7.� . (/� . Car y .. O- U r� O "`-°� 'en "en CI '�' C . O' v CL r, N d. 's . E O m _a r, ;T ' . s C C • dY y'" . H y : Rt. ' ,• ' . a7 ,� O C 0.7 rA cA 'y 2u ,'rr';.Ur . td td C4 •Vj ' 's+ U' :. .Q .� O u ca z qe+4' c: 4. O -4)' a y •Lys c: , gn tq .. r4 O' 1t r C U U .O C . CrS .Or R v y • N L y . 'Q , ' C• c tL�� _G dl O .. 7 • •c in •. O •+Ri •`" ]'• yti. 0.1.: � ;� C �• U F - rn•' 3 • do c . 7. �► w c , :: U' U Q. 44 .' y N Q .. '�, .Q ( p to Z3 e0CZ vu 0 > O U. •_ O>O' � C. eU3 a 0• h 'p a 04 1�ti To o > o c� ai ��u CabL� c).=,`o-r�.�.� .41..`,`7:1. •. Vj Q: �., G `.. \ moi' Oi eQ !d 'C4 e!S 0.i �, y cl v ,v'� R ':O . v" tan O cn �' Ca C p A I. to = y W o � tad c a ..., mo as . a ,°3 5) 7p • .� a •v �°�.'" •a f�1. o .~G'� 004 y a..v .� C a5 y y R C G en Liz 0 wi to p00 00 ii s • ` ,��+ ' A1 Lti, � �� ,rte 'r - r/�•f��• r (V•W O� Vd .fir fU C .', \: ;:'•:,' , . .. 0.1 E.1 � U � 'O � SIMMONS Eamiroamenral Savico, Inc. tESENT WILLIAM A. SIMMONS Simmons Environmental Services, JAC,SIMMONS) Chief Technical Officer SIMMONS specializes in environmental site assessments and management of sites where reT eases of oil or hazardous materials have occurred.' Major projects awarded since the firm's inception include,.assessment and remediation of PCB site under EPA Administrative order requiring immediate removal and Phase II comprehensive site investigation at a controversial site recently acquired by a regional public secondary school. Consulting services also provided to various law firms and financial institutions regarding environmental issues/regulatory compliance effects upon property conveyances and peer reviews. 1985-1991 New England Environmental TechnoloKieig, Corp. Chief Technical Officer Established and operated a full service environmental consulting firm providing professional services throughout all phases of the hazardous/toxic substance industry. Areas of specialization included site investigations/assessments in support of commercial real estate conveyances and technical assistance to commercial lenders relative to environmental liability issues. 1983-1985 ENPRO Sprvicea. Inc. General Manager - Duties involved comprehensive management of remedial activities for releases of oil e.ad hazardous materials to the.environment. Provided environmental consulting in areas of hazardous material management such as assistance to generators of hazardous waste regarding regulatory compliance and.transportation/disposal, Right to Know Law Training, and environmental assessments for real estate transfers. Od S00 S3OIA83S-1ViN3WN08IAN3 SNOWWIS ZZE6 ISS 80S i OS:9I H -1I -z661 I % SIMMOTNTS F.nvironm"1215i7vitei. inc 1981-1983 Massac uaetto DepaLtROMI 21 Environmental Prot,egtjon (DEP Director_. Officeice DI Emergency Response, Site Assessmanit_ and -Remedial ActiT ons_ This office was established as a separate activity within DEP to provide comprehensive, interdisciplinary management of that agen-ey's response to oil and chemical spills and uncontrolled/abandoned hazardous waste sites and remedial strategies for these situations. As the first Director of this office, aeoomnl.igh®ents included the development and passage of landm#rli �r�vi*onmental leAislation to �sunport these activities referred &g as the Massachusetts Superfund or MGL. Ch'.31E_._ Additionally., chaired a Governor's interagency task force charged with developing written agreements and plans as part of a comprehensive, federal, state and municipal emergency response activities for oil/ohemical spills. 196$-1980 Massachusetts.Department of Environmental Protection. Various line engineering positions with air, pollution and water pollution control division with increasing responsibility. Position included Deputy Director of Division of Air Quality Control and Asst. Chief Engineer _far Water Po,l i_u.t ion Cantrg1 Division. Educational Backaround UnderAraduate Bachelor's Degree (Chemistry), Northeastern University, 1968 - Degree conferred through cooperative education program. Graduate Environmental Engineering, Graduate Studies, University of Lowell 1974-1978, 08 S00 S30IA83S 1d1N3WN08IAN3 SNOWWIS ZZE6 18S 80S L 1 OSo91 SIMMONS lnviro,tmenmi Services, Inc. Activities/Acereditations Participant/Author of articles concerning Mij& assessment _echniaues as published by Massachusetts Continuing Le al Education. (MOLE). iprgyiding Expert Witness Testimony. Numerous papers presented at regional and national professional society meetings, e.g. National Conference of State Legislators, United states Conference of Mayors, Annual Conference on Hazardous Materials/Wastes. Real Estate Broker, Massachusetts board of Registration for Real Estate Brokers and Salesperson, Guest Lecturer, Harvard University, School of Public Health, Kresge Center of Environmental Issues, :19821988. Northern Essex Community College, Haverhill, Ma. Understanding M.G.L. Ch.21E, for Hazardous Waste Operations and Management Course. Associate Member, Massachusetts Fire Chiefs Association. Lieutenant, West Newbury Fire Department. Two term Chairman, Board of Health, West Newbury, Ma. Od S00 S30IAJ3S -1ViN3WNO8IAN3 SNOWWIS ZZE6 18S 90S L 60:91 OZ -II -2661.. SIMMONS uViconmennl Services, Inc. Activities/Accreditations Participant/Author gf articles concerninit &ite assessment techniques as published by Massachusetts Continuini Le al Education..(MCLE). prgyid.ast g3nert Witness Testimony. Numerous papers presented at regional and national professional society meetings, e.g. National Conference of State Legislators, United states Conference of Mayors, Annual Conference on Hazardous Materials/Wastes. Real Estate Broker, Massachusetts board of Registration for Real Estate Brokers and Salesperson. Guest Lecturer, Harvard University, School of Public Health, Kresge Center of Environmental Issues, 1982--19$6. Northern Essex Community College, Haverhill, Ma. Understanding M.G.L. Ch.21E, for Hazardous Waste Operations and Management Course. Associate Member, Massachusetts Fire Chiefs Association. Lieutenant, West Newbury Fire Department. Two term Chairman, Board of Health, West Newbury, Ma. Od S00 S30IA�13S-1ViN3WN08IAN3 SNOWWIS t 6806 18S 80S L 6b:91 06'-11-Z661 Gur TST9-989 v4ww-xxx;c-8oG -clq AM —TV uAluDau ,7uado . ud NSRF LON SVH NOISSfKSNVH,T, RN.T, 91 aZ)IddO SIHI AaIlOEq ZISYZE'ld ?C771 !,IaRs STH -T, DmianaDNi Isaovd ao mauwnN Y4/1 X-C M9 -1por ?P.0/0 bx 01,7 'If"Do P401/p varlo 00f, litl xoz 'o d 7A, .0 �f(Rpg 117,44riolic '4`Y0vpD C rDcuo5(,C 8llUI-X3SS3 00acTo 289 809 w SZ;21 Z6,181,,TT 7, If., le Mvoyc -0 I1%18/92 17.26 ]/rnmdl -7 lrTf cy $ 568 683 0188 7%omas ,7 Calrey ,'71llorney al Law, Ci', 366 ESSEX,-LPWR 62 November 18, 1992 FAX -- 682-2996 Allison C. Conboy, R.S.; CHO Health Administrator Town of North Andover 120 Main Street North Andover, MA 01845 -,TO. -Vol I3/7 300 e';.Mex 6/reel, Liaavrcnce, `K 0IB02 J0d-6d6-dIJ/ -lax ,50d-683•dI,f,f Re: Faye Averka - 383 Abbott Street, North Andover, MA Dear Ms. C'onboy : As we discussed at the Averka site today, I ant faxing this request to have the Averka matter on the: agenda for the Board of health meeting scheduled for Thursday, November 19, 1992, 1 am making this request for the purpose of updating the Board of Health as to the events that have transpired since my last appearance before the Board. Thank you for your cooperation, Very truly --yours,-,". ---- -- 'Phomas I`. Caffrey G TFC: mlm BOARD OF HEALTH 120 MAIN STREET TEL. 682-6483 NORTH ANDOVER, MASS. 01845 Ext. 32 November 19, 1992 Atty. Thomas F. Caffrey P.O. Box 1317 300 Essex Street Lawrence, MA 01842 Re: Faye Averka - 383 Abbott Street, North Andover, MA Dear Attorney Caffrey: The Board of Health is in receipt of your request to be placed on the agenda for tonights meetings. After discussing the possibility of placing this matter on the agenda with Dr. Francis P. MacMillan, Chairman of the Board of Health, he has directed me to place you on the agenda for December's meeting for the following reasons; the sensitive nature of this issue, the extent of public interest, and the lateness of the request. In the interim, on behalf of the Board of Health, I will recommend that the case be processed at Friday's hearing with the Court Magistrate. You are free to proceed to contract with an Environmental Consulting Firm to certify that all materials on the site are not contaminated and the site poses no concern or harm to the Public Health. A review of Board of Health meeting minutes of August and September reveal that the above option was presented to you at that time. The Board of Health is interested solely in compliance in this matter. Certainly you can have a consultant investigate and certify the site or have all materials removed prior to a pretrial conference. Please feel free to contact me with any questions you may have. We will contact you with the date for the next Board of Health meeting in December as soon as it is established. Very truly yours, A*oo C, ao Allison C. Conboy R. CHO Health Administrator `✓-Nomas ,7 Caffrey Jlraura (i. Caffrey cSmilfi Mrs. Faye Averka 383 Abbott Street North Andover, MA ,%omas .7 Gallrey Allorney al Saw, J C. 01845 October 30, 1992 RE: Town of North Andover (Board of Health) vs. Averka Request for a Complaint Dear Mrs. Averka: J O. %fox 1.317 300 VJdex cSlreel, G'arorence, Xa 01842 308-686-6131 ,7ax 308-683-8188 This letter will confirm that Clerk -Magistrate McDonough continued the above -noted case to Friday November 20, 1992 at 2:00 P.M. He expressed the expectation that this case would be resolved by that time. I filed the letter of Mr. Ramey (copy attached) with the Court papers at that time. I recommend you, Mr. Ramey and the Town officials go to the site together and agree upon a reasonable solution to this problem. If you want me there, let me know. Very truly yours, Thomas F. Caffrey TFC/md CC: Mr. Keith F. McDonough, Clerk -Magistrate Mrs. Allison C. Conboy Mr. Fred F. Ramey ✓fiomaa Cafrey r7r.ura C.'Ifeey 6mih6 Mrs. Faye Averka 383 Abbott Street North Andover, MA `, Aomas 9.. Ca�frey 5711orney a1 Law, J C 01845 October 30, 1992 RE: Town of North Andover (Board of Health) vs. Averka Request for a Complaint Dear Mrs. Averka: J O. ,%fox 1317 300 (5.raex cslreel, Sawrence, Xa 01842 508-686-6151 .lax SOB -683-8188 This letter will confirm that Clerk -Magistrate McDonough continued the above -noted case to Friday November 20, 1992 at 2:00 P.M. He expressed the expectation that this case would be resolved by that time. I filed the letter of Mr. Ramey ( copy attached) with the Court papers at that time. I recommend you, Mr. Ramey and the Town officials go to the site together and agree upon a reasonable solution to this problem. If you want me there, let me know. Very truly yours, Thomas F. Caffrey TFC/md CC: Mr. Keith F. McDonough, Clerk -Magistrate Mrs. Allison C. Conboy Mr. Fred F. Ramey o _$EWER MA1N'�;;, s WATER MAIR r�:''%, ? • _ 'srQRM aRhRa� :.; dame Contractors Engineers Inc. Ramey s �av�PM£NT %NTP_, 33 OAK KNOLL ROAD CEh(OINEERItt,'tq`.'` _=[ MF-THUEN. MA$SAGHU9ETTS Octc�s* 1992 Y r •L .. +L .r e• Attfr.11' y �homas F. Caffrey 300;x; Street Lawn qrf. `,Massachusetts 01840 ;r L A. RF,: . :ast�.r?.3 Property, Corner of Marbleridge Road & Abbott Street, No. Y Dear .t.torney Caffrey: ;? :{ nday, October 26, 1992, Z was contacted by Mr. Joseph Averk ' the'ibov- Address, at which time he requested an estimate from me to �r'.. :.� som WrZTial fromhis property that had been deemed unacceptable by t of Ioa-r?E �ndover. I visited the site on Tuesday, October 27, and in attecnpt'trn help Mr. Averka resolve the problem, I tried to contact Al. Cony g,;ql:athe North Andover Board of Health the next day, only to be ford'i�'X: t-h,At she was out of the office until Monday, November 2, 1992. am ta�,i�sXa,:{to give the Averkas an estimate until I can find out from N l,s:« •��., or s:Meos:§ else from the Board of Health, exactly what the Town wants lish6d frith Mr. Averka. j- {''can be of further asistance, please do not•hesitate to cont Very truly yours, 63.679 t s• {: 1 i yr •►, . �, r. } over, RA )Aboy�`: ' r r�W.if','s• l i •.,1 F .' e F: r C - y: Ramey Contractors - Engineeers, Inc. Fred F. Ramey President: r'c s FFR; ?` 63.679 t s• {: 1 i yr •►, . �, r. } over, RA )Aboy�`: ' r r�W.if','s• l i •.,1 F .' e F: r C - y: 7 '$EWER MAIL WATER MA1 �:ROnos Y�QVIPMENT CLNo1NEERIN Vett • Y Atti Law 30t0� .•• \ a •1 RF: { • •'� Dee, 4. the som of > att y Con for ' am r or lis '• i > •^ E c FFR �Y �• 1. i i' R R I 1 2: 5 0 Ramey Contractors - Engineers, Inc. 33 OAK KNOLL ROAD METHUEN. MASSACHUSETTS • 1992 i:%±p "thomas F. Caffrey �t�� j'',Massarhusetts 01840 i. :T.:. arlsi' 3 Property, Corner of Marbleridge Road & Abhott Street, No. :+4T f�,.r`,ney Caffrey: 1}.: } M1�nday, October 26, 1992, 1 was contacted by Mr. Joseph Averka c s'address, at which time he requested an estimate from me to ren y�tial fromhis property that had been deemed unacceptable by the 'Andover. I visited the site on Tuesday, October 27, and in an ;q help Mr. Averka resolve the problem, T tried to contact A1.1i the North Andover Board of Health the next day, only to be in= iAt she was out of the office until Monday, November 2, 1992. ?jto give the Averkas an estimate until I can find out from Ms i else from the Board of Health, exactly what the Town wants a. T f•,:;m Mr. Averka. "Ucan be of further asistance, please do not hesitate to contac f�tlS Very truly yours, Ramey Contractors — Engineeers, Inc. Fred F. Ramey President e , TOWN OF NORTH ANDOVER HEALTH DEPARTMENT 120 MAIN STREET NORTH ANDOVER, MA 01845 Telefax Transmittal Form Addressee: From: Name: Firm: Kopelman & Paige Street: 101 Arch Street City, State, Zip: Boston, MA 02110 Telefax phone number: (617) 951-2735 Town of North Andover Health Department 120 Main Street North Andover, MA 01845 Telephone # (508) 682-6483 Ext. 32 Telefax # (508) 682-2996 Total number of pages, including transmittal form 4 If you do not receive all pages, notify sender immediately. Additional Comments: BOARD OF HEALTH 120 MAIN STREET TEL. 682-6483 NORTH ANDOVER, MASS. 01845 Ext. 32 October 27, 1992 Ms. Kathy Earling Assistant Clerk Magistrate Lawrence District Court 82 Amesbury Street Lawrence, MA 01840 Dear Ms. Earling: I am writing to reiterate our recent phone conversation regarding the Averka case. As you are aware, at the hearing on October 16, 1992, --you found sufficient evidence to process the complaint, however, you continued the case until October 30, 1992 at 2 p.m. As I have explained, I will be out of town on the 30th and will not be able to attend the hearing. I have very recently heard from Attorney Caffrey, counsel for Mrs. Averka, who states that the defendant is now willing to comply with the orders, however, I have not heard from the defendant herself, and I have no evidence to suggest that she is in fact making any effort to comply. I recommend that this case be processed at this -time, however, if you are presented with any documentary evidence which suggests that the defendant is attempting to comply, I would agree with one final two week continuance. I will contact you by phone on October 30, 1992, to discover the outcome of this situation. Thank you for your time and consideration in this matter. NHealtt ly yo rs, Con oy, R.S.;dministrator cc: Karen Nelson, Director of Planning & Community Dev. Mrs. Faye Averka Attorney Caffrey 1 `7�iomas 9 Qaffrey `Illaura C. Ciaffrey cSmiifi %omas 7. Qa.1rey ,711orney al Saw, J C October 26, 1992 Mr. Keith F. McDonough, Clerk -Magistrate Lawrence District Court 381 Common Street Lawrence, MA 01840 ATT: Kathryn Morris Early, Assistant Clerk -Magistrate RE: Application for a Complaint Town of North Andover Board of Health vs. Averka Dear Mr. McDonough: J O. .Tox 1317 300 Cssex cSfreel, Sawrence, Jia 01842 508-686-6/31 ,lax 508-683-8188 Following a hearing on October 16, 1992, the above -noted application was continued for two weeks, to October 30, 1992. My client, Mrs. Averka, called me today and stated she decided to remove any of the soil deemed by the Town to be unsuitable, and that she hadted Mr.cGeorge Perna of the Town D.P.W. r. Gilbert Rea to d hwork. She also Contac for advice as to what is required. Today, after speaking to Board of Health agent Allison Conboy, I instructed tothe Town,s. ato obtain a written and then to perform thetract for removal aspwork, s soon as acceptable possible. 1 Mr. Keith F. McDonough, Clerk -Magistrate -Page 2 - October 26, 1992 Based on my client's decision to voluntarily comply with the wishes of the Town, I respectfully request the issuance of the Complaint be continued for another two weeks. Thank you for your consideration. Very truly yours, Thomas F. Caffrey TFC/md CC: Mrs. Faye Averka Mrs. Allison C. Conboy' BOARD OF HEALTH Ave - Urate• 120 MAIN STREET TEL. 682-6483 NORTH ANDOVER, MASS. 01845 Ext. 32 Minutes: October 22, 1992 Ms. Conboy stated that she and Town Counsel went before the Court Magistrate last Friday and everyone showed up. Mr. Gordon and Town Counsel would prefer to proceed with an injunction along with the District Court action at the same time. The Court Magistrate found sufficient evidence to process the case, however, she held back and gave them two weeks to see if they want to comply within that time. Ms. Conboy has to return to court next Friday. TO: FROM: DATE: RE: BOARD OF HEALTH 120 MAIN STREET NORTH ANDOVER, MASS. 01845 MEMORANDUM James P. Gordon, Town Manager Allison C. Conboy, Health Administrator j Averka Property October 15, 1992 TEL. 682.6483 Ext. 32 In response to your request for an update on the Averka property, attached are copies of unapproved minutes from the Board of Health's meetings of August 13, 1992 and September 17, 1992, along with a copy of the order letter written in response to the recommendations of Kopelman and Paige. The minutes should provide you with a thorough understanding of what has evolved to date with this issue. The court hearing with the Clerk Magistrate is scheduled at the Lawrence District Court for Friday, October 16th at 2 P.M. I have requested that Town Counsel be present at this hearing and Karen Nelson has approved this request. I will update you on the outcome of the court hearing. Please contact me with any further questions you may have on this issue. Enclosure cc: Karen Nelson, Director, Planning & Comm. Dev. TOWN OF NORTH ANDOVER, MASSACHUSETTS OFFICE OF TOWN MANAGER 120 MAIN STREET, 01845 James P. Gordon Town Manager TO: Allison Conboy, Health Administrator FROM: James P. Gordon, Town Manager r=FILM TELEPHONE 682-6483 DATE: October 13, 1992 RE: Averka Property Please provide me withIn update on the Averka matter. As I understand it, the Board of Health discussed this issue at their meeting of August 17, 1992. Thank you. JG: map BOARD OF HEALTH 120 MAIN STREET TEL. 682.6483 NORTH ANDOVER, MASS. 01845 Ext. 32 MEMORANDUM TO: Karen Nelson, Director, Planning & Community Dev. FROM: Allison C. Conboy, Health Administratoryw/ DATE: September 23, 1992 RE: Averka Property The hearing date for the Board of Health complaint against Faye Averka is October 16th at 2 P.M. I have updated case Kim Holiday of Kopelman & Paige on the status of the case and Town Council is currently making a decision on whether or not to file an injunction. Given the sensitive nature of this issue and the fact that Faye Averkas' lawyer has indicated that they are not willing to comply with the Orders I suggest that we have Town Council present at the hearing on the 16th. Please inform me whether or not they will attend. A number of residents have mentioned the change in drainage patterns and groundwater flow on Abbott Street as a result of the dumping on the property. I expect that the situation has probably had an impact an the drainage patterns in the area and I suggest that we have the Town Engineer examine this possibility and provide a written opinion on the matter for the file and the court hearing. Please inform me as to haw you suggest we go about obtaining his professional opinion. ACC K - SEPTEMBER 17, 1992 MINUTES BOARD OF HEALTH 120 MAIN STREET NORTH ANDOVER, MASS. 01845 AVERKA PROPERTY - 356 ABBOTT STREET: TEL. 682-6483 Ext. 32 Attorney Thomas Caffrey, Mrs. Averka's legal counsel was present. Ms. Conboy presented an update on the Averka property. Ms. Conboy went on to say that Mr. Gordon checked with Town Counsel to see whether or not it was okay for the Board of Health to block access to the property and post signs. Town Counsel responded that the Board of Health should not take such action without an injunction. Ms. Conboy stated that at the present time there is a complaint filed in Lawrence District Court and the hearing is October 16, 1992. A neighbor stated that the Averka family placed 4x4's to block access to entrance. Dr. MacMillan stated that he saw the barrier and it is certainly not adequate to prevent someone from entering at all hours of the night. Mr. Osgood stated that it does not look like anyone has gone through the barriers. At that time, a neighbor spoke up stating that he has on video, a truck pulling up and removing the 4x4's and backing into that property in less than 30 seconds. The neighbor reported it to the police. Attorney Caffrey suggested that the Averkas be given more time to see if both parties could agree upon a course of action suitable to everybody. Attorney Caffrey stated that the Averkas want to respond to this positively in accordance with guidelines that the Board of Health sets forth. Ms. Conboy stated that the fill is an unacceptable fill and has to be removed. DEP suggested that this be handled on a local level. Dr. MacMillan stated that we need to find out if this is illegal fill and if so it should be removed at the expense of the BOARD OF HEALTH 120 MAIN STREET NORTH ANDOVER, MASS. 01845 Minutes: September 17, 1992 TEL. 682-6483 Ext. 32 property owners, not the Board of Health. Ms. Conboy stated that at the present time, the removal of materials is what the Board is acting on, and the fact is, materials have not been removed. Ms. Conboy stated that it would take a vote of the Board to stop the order letter and in order to allow the materials to remain on the property there would have to be clear evidence that it is acceptable. Ms. Conboy believes that there is enough evidence to suggest that it all needs to be removed. Attorney Caffrey stated that this would be an enormous expense and ordeal for the Averka family. He also stated that in order to do this the Board of Health would have to go before the Superior Court and convince a judge. Mr. Osgood stated that there is no law against property owner dumping clean fill on there property. Mrs. Nelson stated that it is usually associated with a permit, from a builder's stand point. Mrs. Nelson agreed that there is no law, but the statement that builders do it, is associated with foundation permit permission. Mr. Osgood mentioned that if he owns a piece of land and he wants to put clean fill in it, he can do it. The problem with the Averka property is that the Board does not know what was put into it. The neighbors mentioned that they know for a fact that there are grass clippings, bricks, foundations, logs from trees in that fill on the Averka property. A neighbor mentioned that it took seven year for someone to finally stand up and say "this is wrong", "this is illegal" and we are finally going to court and now Attorney Caffrey is willing to comply - it took them seven years to comply. The neighbor believes that the Averka's had plenty of opportunities to comply and stated that if the Averka's want to comply and cooperate - remove all that is in there and replace it with clean fill. Attorney Caffrey stated that in his opinion it is not the function of the Board of Health to settle neighborhood disputes, it is the function of the Board of Health to prohibit the kind of activity that is alleged here and the Averka's are willing to agree to that. Ms. Conboy stated that it is not a matter of prohibiting this activity from continuing it is a matter of resolving the problem that exist. Dr. MacMillan stated that this is the reason why a Cease and Desist was issued and the matter is going to court. He continued that this has apparently been going on for a number of BOARD OF HEALTH 120 MAIN STREET NORTH ANDOVER, MASS. 01845 Minutes: September 17, 1992 TEL. 682-6483 Ext. 32 years and it seems to him that no one has paid any attention to any of the Cease and Desist orders issued to date. He also stated that the Board is unaware of what is in the landfill, or what has been brought in, there is question of oil or oil drums and the neighbors raise a legitimate concern. At this time, Dr. MacMillan stated that he would vote to continue the injunction or go forward with the court action. Mr. Osgood asked what will happen at the District Court? Ms. Conboy went on to explain that the Averkas and myself will sit before the Court Magistrate. The Court Magistrate will go through the records, hear from the Board of Health, hear from the Averkas side and from their lawyer, he will then make a decision whether or not they need to continue to comply or whether he chooses to dismiss the case, it and it is very unlikely the court will dismiss it. At that point, the Board would tell the Averkas to comply with this and may negotiate for additional time. Dr. MacMillan asked Ms. Conboy, "no further dumping or comply with cleaning it up?" Ms. Conboy stated to comply with the order as written which is no further dumping and to remove all materials. Mr. George Perna, Director of Public Works was present and stated that it would be a lot less expensive to have the fill removed than to pay for lawyer's cost and the 5 - 12,000 dollar testing cost. Ms. Conboy also brought to their attention that the Building Inspector will not issue a foundation permit for that lot with that fill remaining there. Attorney Caffrey wanted to know if it would make more sense if they were to bring in a sufficient yardage of clean soil and cap it. Mr. Perna stated that unless you know what is there, you do not know what sufficient is and to find out what is sufficient it would have to be tested. Mr. Perna stated that the best thing to do is to get the stuff out of there. After further discussion, the Board agreed to continue with court action. BOARD OF HEALTH MINUTES SEPTEMBER 17, 1992 Dr. MacMillan called the meeting to order at 7:05 P.M. MEMBERS PRESENT* Francis l n, Director, .D Planning & Comm. Gayton and Allison4Member, eC. Karen Nelson, � Member, was Conboy, Health Administrator. John S. Rizza, D.M.D., not present. GISD UPDATE - GOODLOE SUTTLER: Mr. Goodloe Suttler, a North Andover Representative for GLSD was present and a lengthy discussion ensued. AVE KA PROPERTY - 356 ABBOTT STREET: Attorney Thomas Caffrey, Mrs. Averka's legal counsel was present. Ms. Conboy presented an update on the Averka property. Ms. Conboy went on to say that Mr. Gordon checked with Town Counsel to see whether or not it was okay for the Board of Health to block access to the property and post signs. Town Counsel responded that the Board of Health should not take such action without an injunction. Ms. Conboy stated that at the present time there is a complaint filed in Lawrence District Court and the hearing is October 16, 1992. A neighbor stated that the Averka family placed 4x4's to block access to entrance. Dr. MacMillan stated that he saw the barrier and it is certainly not adequate to prevent someone from entering at all hours of the night. Mr. Osgood stated that it does not look like anyone has gone through the barriers. At that time, a neighbor spoke up stating that he has on video, a truck pulling up and removing the 4x4's and backing into that property in less than 30 seconds. The neighbor reported it to the police. Attorney Caffrey suggested that the Averkas be given more time to see if both parties could agree upon a course of action suitable to everybody. Attorney Caffrey stated that the Averkas want to respond to this positively in accordance with guidelines that the Board of Health sets forth. Ms. Conboy stated that the fill is an unacceptable fill and has to be removed. DEP suggested that this be handled on a local level. Dr. MacMillan stated that we need to find out if this is illegal fill and if so it should be removed at the expense of the Page 3 Minutes: September 17, 1992 years and it seems to him that no one has paid any attention to any of the Cease and Desist orders issued to date. He also stated that the Board is unaware of what is in the landfill, or what has been brought in, there is question of oil or oil drums and the neighbors raise a legitimate concern. At this time, Dr. MacMillan stated that he would vote to continue the injunction or go forward with the court action. Mr. Osgood asked what will happen at the District Court? Ms. Conboy went on to explain that the Averkas and myself will sit before the Court Magistrate. The Court Magistrate will go through the records, hear from the Board of Health, hear from the Averkas side and from their lawyer, he will then make a decision whether or not they need to continue to comply or whether he chooses to dismiss the case, it and it is very unlikely the court will dismiss it. At that point, the Board would tell the Averkas to comply with this and may negotiate for additional time. Dr. MacMillan asked Ms. Conboy, "no further dumping or comply with cleaning it up?" Ms. Conboy stated to comply with the order as written which is no further dumping and to remove all materials. Mr. George Perna, Director of Public Works was present and stated that it would be a lot less expensive to have the fill removed than to pay for lawyer's cost and the 5 - 12,000 dollar testing cost. Ms. Conboy also brought to their attention that the Building Inspector will not issue a foundation permit for that lot with that fill remaining there. Attorney Caffrey wanted to know if it would make more sense if they were to bring in a sufficient yardage of clean soil and cap it. Mr. Perna stated that unless you know what is there, you do not know what sufficient is and to find out what is sufficient it would have to be tested. Mr. Perna stated that the best thing to do is to get the stuff out of there. After further discussion, the Board agreed to continue with court action. BOARD OF HEALTH 120 MAIN STREET NORTH ANDOVER, MASS. 01845 Clerk -Magistrate Lawrence District Court 381 Common Street Lawrence, Ma 01840 Dear Sir/Madam: TEL. 682-6483 Ext. 32 September 14, 1992 On August 17, 1992, The Board of Health filed a complaint against defendant Faye Averka. After not being notified of a hearing date and time, I contacted the court sometime during the week of September 7th and was informed that the hearing has been held on September 25, 1992 at 2:50pm. Unfortunately I am unable to be present at this time due to prior commitments which will require me to be out of State. Atty. Thomas Caffrey whom is representing Mrs. Averka in this matter is agreeable rescheduling the hearing. I would hope that rescheduling the hearing will not further prolong resolution of this matter. I would be most grateful if you could reschedule the hearing for any time convenient to Atty. Caffrey so long as it is within the two weeks following the original hearing date. I can be reached at 508-682-6483, if you wish to further discuss this matter, otherwise Atty. Carrfey will inform me of the outcome. Thank you for your time and Cooperation in this matter. Very truly yours, c 4 Allison C. Conboy, R. CHO, Health Administrator. cc: Atty. Thomas F. Caffrey BOARD OF HEALTH 120 MAIN STREET NORTH ANDOVER, MASS. 01845 Mr. Thomas F. Caffrey, Esq. P.O. Box 1317 300 Essex Street Lawrence, Ma 01842 Dear Mr. Caffrey: TEL. 682-6483 Ext. 32 September ll, 1992 The Board of Health has received your letter of September 9, 1992, in which you request that the matter of an Application for Complaint which this office has filed with the Lawrence District Court against your client Faye Averka be placed on the Board of Health meeting agenda. In response to your request the Board of Health has placed the matter on the Agenda for the their meeting of August 17, 1992 at 8:00pm. Please feel free to contact the Board of Health with any further questions you may have regarding this matter. Very,truly yours, Allison C. Conboy, R. CHO, Health Administrator cc: Karen Nelson, Director of Planning & Community Dev. James P. Gordon, Town Manager Mr.Joel Bard, Esq. Kopelman & Paige Mrs. Pamela Burkardt Mrs. Leary Mrs. Faye Averka TOWN OF NORTH ANDOVER, MASSACHUSETTS OFFICE OF a o TOWN MANAGER ° 120 MAIN STREET, 01845 James P. Gordon TELEPHONE 682-6483 Town Manager S t • September 8, 1992 Mrs. Pamela Burkardt 356 Abbott Street North Andover, Massachusetts 01845 Dear Mrs. Burkardt: On August 28, 1992, the Board of Health requested that I instruct the Division of Public Works to block the access to Mrs. Averka's property and to post the property with signs indicating that dumping was not allowed. On September 2nd, I asked -'Town Counsel as to whether or not the Town and/or the Board of Health had statutory authority to block off the area where the illegal dumping was taking place as well as whether or not we could post signs as requested, and on September 4th, Town Counsel forwarded to me his response to that inquiry. You will note, Town Counsel advises me that the Town does not have the statutory or regulatory authority to take the contemplated action. However, he suggests that the Board of Health bring an action in Essex Superior Court seeking appropriate relief from this deplorable situation. On August 17, 1992, the Board of Health filed a complaint in District Court and it is my understanding, that complaint will be heard on September 25th. Over the next few days, I will be working with the Administrator of the Health Department to expedite the "due notice process" and the filing of additional complaints so that we can put an end to this situation. I want you to know that 1, as well a: the Board of Selectmen, share your concerns and we will do all we can in order to correct this problem. Very truly yours, ames P. Gordon, Town ' Manager James P. Gordon Town Manager TOWN OF NORTH ANDOVER, MASSACHUSETTS OFFICE OF TOWN MANAGER 120 MAIN STREET, 01845 September 8,_ 1992 Mrs.. Pamela Burkardt 356 Abbott Street North Andover, Massachusetts 01845 Dear Mrs. Burkardt: TELEPHONE 682-6483 On August 28, 1992, the Board of Health requested that I instruct the Division of Public Works to block the access to Mrs. Averka's property and to post the property with signs indicating that dumping was not allowed. On September 2nd, I asked Town Counsel as to whether or not the Town and/or the Board of Health had statutory authority to block off the area where the illegal dumping was taking place as well as whether or not we could post signs as requested, and on September 4th, Town Counsel forwarded to me his response to that inquiry. You will note, Town Counsel advises me that the Town does not have the statutory or regulatory authority to take the contemplated action. However, he suggests that the Board of Health bring an action in Essex Superior Court seeking appropriate relief from this deplorable situation. On August 17, 1992, the Board of Health filed a complaint in District Court and it is my understanding, that complaint will be heard on September 25th. Over the next few days, I will be working with the Administrator of the Health Department to expedite the "due notice process" and the filing of additional complaints so that we can put an end to this situation. I want you to know that I, as well. as the Board of Selectmen, share your concerns and we will do all we can in order to correct this problem. Very truly.yours, :. ames P.. Gordon, 'Manager cc . `= -Board of Selectmen of Board TOWN OF NORTH ANDOVER, MASSACHUSETTS ` OFFICE OF TOWN MANAGER 120 MAIN STREET, 01845 James P. Gordon c? °� TELEPHONE 682-6483 Town Manager - 9 4 i y r September 8, 1992 Mrs. Pamela Burkardt 356 Abbott Street North Andover, Massachusetts 01845 Dear Mrs. Burkardt: On August 28, 1992, the Board of Health requested that I instruct the Division of Public Works to block the access to Mrs. Averka's property and to post the property with signs indicating that dumping was not allowed. On September 2nd, I asked Town Counsel as to whether or not the Town and/or the Board of Health had statutory authority to block off the area where the illegal dumping was taking place as well as whether or not we could post signs as requested, and on September 4th, Town Counsel forwarded to me his response to that inquiry. You will note, Town Counsel advises me that the Town does not have the statutory or regulatory authority to take the contemplated action. However, he suggests that the Board of Health bring an action in Essex Superior Court seeking appropriate relief from this deplorable situation. On August 17, 1992, the Board of Health filed a complaint in District Court and it is my understanding, that complaint will be heard on September 25th. Over the next few days, I will be working with the Administrator of the Health Department to expedite the "due notice process" and the filing of additional complaints so that we can put an end to this situation. I want you to know that I, as well as the Board of Selectmen, share your concerns and we will do all we can in order to correct this problem. Very truly yours, ames P. Gordon, Town Manager JPG/kar cc: Board of Selectme Board of Health LEONARD KOPELMAN DONALD G. PAIGE ELIZABETH A. LANE JOYCE FRANK JOHN W. GIORGIO BARBARA J. SAINT ANDRE JOEL B. BARD RICHARD J. FALLON WILLIAM HEWIG III EVERETT J. MARDER JANE M. O'MALLEY PATRICK J. COSTELLO KAREN V. KELLY DEBORAH A. ELIASON JUDITH C. CUTLER ANNE -MARIE M. HYLAND RICHARD BOWEN CHERYL ANN BANKS BRIAN W. RILEY RAYMOND C. PORFIRI James P. Gordon Town Manager North Andover Town 120 Main Street North Andover, MA KOPELMAN AND PAIGE, P.C. ATTORNEYS AT LAW 101 ARCH STREET BOSTON. MASSACHUSETTS 02110-1137, Hall 01845 September 4, 1992 JOSEPH I. MULLIGAN OF COUNSEL -'f s 16171 951.0007 FAXe.18171'�951-273 5 NORT}IAMPTON OFFICE 14131 585-8632 Re: Authority of Board of Health To Block Access To Private Property Being Used For Illegal Dumincl (Averka Property) Dear Mr. Gordon: You have requested an opinion as to whether the Board of Health may block access to a vacant lot located on Abbott Street and owned by Faye Averka. You have advised me that Ms. Averka is allowing extensive dumping of various materials on the site, including asphalt, bricks, concrete, earth materials, woodchips, logs, furniture, household appliances, stumps, and other demolition debris. Ms. Averka has not, however, obtained a site assignment from the Board of Health for use of her property as a private landfill. On May 14, 1992, the Board of Health issued a cease and desist order requiring *lis. Averka to cease dumping materials on this site and relocate all such materials to an approved.landfill. Ms. Averka has not complied with the Board of Health's order. In my opinion, there exists no statutory or regulatory authority permitting the Town to -block access to private property being used as an illegal dumping site. In this case, were the Town to block access to the Averka property without statutory authority or an appropriate court order, the Town may be subject to an action by the property owner for trespass. Rather, I recommend that the Town, through its Board of Health, bring an action in Essex Superior court seeking an injunction requiring the property owner and the haulers, if known, to cease disposal activities on the Abbott Street site unless and until a site assignment is approved by the Board of PRINTED ON RECYCLED PAPER `76omas `7.. Caffrey _ aura C. Caffrey csmilfi 3homas .7 Galfrey Allorney al Law, J C September 9, 1992 Allison C. Conboy, R.S.; CHO, Health Administrator Board of Health 120 Main Street North Andover, MA 01845 RE: Application for Complaint against Faye Averka Hearing Date: Sept. 25, 1992 Application Date: Aug. 17, 1992 Dear Ms. Conboy: . P. O. _Zox 1,317 300 (issex 61reel, Lawrence, J` 'a 01842 508-686-6151 .fax 508-683-8188 Please be advised that this office represents Faye Averka, with reference to the above -noted matter. In an effort to resolve this matter as expeditiously as possible, we request the matter be put on the next available agenda of the Board of Health which we believe to be the meeting of September 17, 1992. In advance of that meeting, would you kindly make available to us copies of such reports, correspondence and other written materials as may be relevant and useful in obtaining an understanding of the Board's position. I plan to see you on Monday, September 14, 1992, at 9:00 A.M. to review your file. a -, 1 Ms. Allison C. Conboy, R.S.;CHO, Page 2 September 9, 1992 Please be assured our goal is both to satisfy the Board's concerns promptly and to spare our client any unnecessary ordeals in Court or elsewhere. Very truly yours, Thomas F. Caffrey, TFC/md CC: Mrs. Faye Averka Keith F. McDonough, Clerk -Magistrate, Lawrence District Court J KOPELMAN AND PAIGE. P.C. JOSEPH I. MULLIGAN LEONARD KOPELMAN DONALD G. PAIGE OF COUNSEL ATTORNEYS AT LAW ELIZABETH A. LANE FAX 16171 051-2735 JOYCE FRANK 101 ARCH STREET JOHN W. GIORGIO BARBARA J. SAINT ANDRE BOSTON. MASSACHUSETTS 02110-1137 JOEL B. BARD RICHARD J. FALLON WILLIAM HEWIG III 16171 951-0007 EVERETT J. MARDER FAX 16171 051-2735 JANE M. O'MALLEY NORTHAMPTON OFFICE PATRICK J. COSTELLO KAREN V. KELLY K 14131 585-8632 DEBORAH A. ELIASON JUDITH C. CUTLER ANNE -MARIE M. HYLAND RICHARD BOWEN CHERYL ANN BANKS BRIAN W. RILEY RAYMOND C. PORFIRI September 4, 1992 James P. Gordon Town Manager North Andover Town Hall 120 Main Street North Andover, MA 01845 Re: Authority of Board of Health To Block Access To Private Property Being Used For Illegal Dumping (Averka Property) Dear Mr. Gordon: You have requested an opinion as to whether the Board of Health may block access to a vacant lot located on Abbott Street and owned by Faye Averka. You have advised me that Ms. Averka is allowing extensive dumping of various materials on the site, including asphalt, bricks, concrete, earth materials, woodchips, logs, furniture, household appliances, stumps, and other demolition debris. Ms. Averka has not, however, obtained a site assignment from the Board of Health for use of her property as a private landfill. On May 14, 1992, the Board of Health issued a cease and desist order requiring Ms. Averka to cease dumping materials on this site and relocate all such materials to an approved landfill. Ms. Averka has not complied with the Board of Health's order. In my opinion, there exists no statutory or regulatory authority permitting the Town to -block access to private property being used as an illegal dumping site. In this case, were the Town to block access to the Averka property without statutory authority or an appropriate court order, the Town may be subject to an action by the property owner for trespass. Rather, I recommend that the Town, through its Board of Health, bring an action in Essex Superior Court seeking an injunction requiring the property owner and the haulers, if known, to cease disposal activities on the Abbott Street site unless and until a site assignment is approved by the Board of PRINTED ON RECYCLED PAPER KOPELMAN AND PAIGE, P.C. James P. Gordon Town Manager Page 2 September 4, 1992 Health and the Department of Environmental Protection. In addition, the requested injunction would be fashioned so as to require the property owner to remove all materials presently deposited at the site within a short period of time and to authorize the Town to post "No Dumping" signs and to block access to the site. If the property owner and haulers fail to comply with such a court order, we would then request that they be found to be in contempt of court and subject to the imposition of fines. Prior to bringing such an action, I recommend that the Board of Health promptly issue another cease and desist order requiring the owner to immediately cease the illegal dumping and begin removing the materials from the site within one week. Should the owner fail to meet this deadline, I will draft a verified complaint requesting an injunction as described above. If Ms. Averka fails to comply with the Board's order, the Town may file the action and should obtain a court hearing within approximately ten days. If the Town is inclined to pursue this course of action, please let me know. If you have any further questions in the meantime, do not hesitate to call. Very truly yours, o 1 B. Bard JBB/CAB/ma cc: Board of Selectmen Board of Health BOARD OF HEALTH 120 MAIN STREET NORTH ANDOVER, MASS. 01845 M E M O R. A N D U M TO: James Gordon, Town Manager FROM: Dr. Francis MacMillan DATE: August 28, 1992 RE: M38 P51 Abbott Street TEL. 682-6483 Ext. 32 The Board of Health at their meeting on August 13, 1992 voted to proceed with legal action against the property owner of the above mentioned lot for noncompliance with an order letter dated May 14, 1992. The Board further agreed to cause the orders to be carried out as allowed under 105 CMR 410.960. In order to prevent further dumping on the lot, In accordance with ,the Boards wishes, on August 17, 1992 a phone call was made to Bill Hmurciak of the DWP requesting assistance in causing compliance by physically obstructing access to the property from Abbott Street and posting the property with signs stating "NO DUMPING". A follow up letter to this conversation was sent on August 18, 1992. To date no action has been taken by the DPW to assist in this matter. This is a very sensitive case in which the Board of Health has received a great deal of criticism from neighbors regarding their failure to take actions to remediate this situation in a timely matter. As a result, The Board is requesting your assistance and/or advise in expediting compliance in this case. Your cooperation in the matter is greatly appreciated. cc: Karen Nelson, Director of Panning & Community Dev. The Board of Health Enc: 105 CMR 410.602, 410.960, 410.750. oonrti KAREN H.P. NELSONTownof 120 Main Street, 01845 Director NORTH ANDOVER (508) 682-6483 BUILDING es, ge4 CONSERVATION DIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT Augu4t 19, 1992 M4z. Faye Avetka 383 Abbott St4eet No4th Andove4, MA RB: Vou4 Pa4cet of Land, #51, Abbott St4eet Dean M4,6. Avetka: 14 4equezted, a Bu.Ltding Pe4mit wilt not be izzued at zubject Location until att un,6uitabte mate4iat in the a4ea o� a p4opozed boundation conzt4uction iz 4emoved to ztab.2e soit. vou4A t4uty, D. Robe4t Nicetta, Building Inzpecto4 DRN:gb c/K. Net.6on, Di4. -A .—C,o=n,b-o y -;—B.70 -;-Ha:- -A g e-rrt EnctoAune: Board ob Heatth tette4 dated May 14, 1992 off', BOARD OF HEALTH 120 MAIN STREET NORTH ANDOVER, MASS. 01845 M E M O R A N D U M TEL. 682-6483 Ext. 32 TO: Bill Hmurciak, Town Engineer FROM: Allison C. Conboy, Health Administrator Ax-> DATE: August 18, 1992 RE: 383 Abbott Street, North Andover As per our discussion earlier today, the Board of Health has outstanding orders on the above mentioned property for dumping, operating a landfill, and not maintaining the property in a clean and sanitary manner. The Board of Health,at their meeting on August 13, 1992, agreed that access to the property from Abbott Street must be blocked or obstructed and that the property must be posted "NO DUMPING". An inspection of the property, to ensure that the property owner had properly followed the Boards' directives, revealed that the property is not posted and access is not blocked. The Board of Health has the authority to take measures to correct violations and eliminate nuisances which affect the health and/or well being of the public and in turn pass any costs associated with these actions on to the property owner. The Board of Health is requesting your assistance in this matter, a site visit may enable you to suggest the most reasonable yet effective means of blocking access. Please inform us whether the DPW has the means to make "NO DUMPING SIGNS" or whether we should have them made up elsewhere. Please advise us of your recommendations as soon as possible so that we may put an end to the continued dumping problem at this site. cc: Karen Nelson, Director, Planning & Comm. Dev. APPLICATION ADULT NUMBER Trial Court of Massachusetts - FOR COMPLAINT ❑ JUVENILE District Court Department ❑ ARREST _R HEARING J SUMMONS WARRANT COURT DIVISION The within named complainant requests that a complaint issue against the within Lawrence District Court named defendant, charging said defendant with the offense(s) listed below. 381 Common Street Lawrence, Ma. 01840 DATE OF APPLICATION I DATE OF OFFENSE PLACE OF OFFENSE Aug. 17 199 Diverse 1383 Abbott St., M38 P52 NAME OF COMPLAINANT North Andover, MA North Andover Board of Health (Allison Con NO. o OFFENSE G.L. Ch. and Sec ADDRESS AND ZIP CODE OF COMPLAINANT M.G.L. Ch . 111, Sec. 150A Town of North Andover 1. Town Hall 310 CMR 19.00 ' 120 Main Street North Andover, MA 01845 2. 105 CMR 410.602A NAME, ADDRESS AND ZIP CODE OF DEFENDANT Mrs. Faye Averka 383 Abbott Street 3 North Andover, MA 01845 4. COURT USE A hearing upon this complaint application DATE OF HEARING TIME OF HEARING COURT USE ONLY---* I will be held at the above court address on AT ONLY CASE PARTICULARS — BE SPECIFIC , NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED NO. Owner of property, Goods stolen, what Over or under SUBSTANCE OR WEAPON person assaulted. etc. destroyed, etc. $250. Marijuana. gun. etc. 1 2 3 4 OTHER REMARKS: Failed to comply with attached order letter to cease and desist dumping landfilling and/or stockpiling materials and remove aldumped landfilled materials from the places of offense immediately. x f SI NA URE OF COMPLAINANT DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. DATE OF BIRTH PLACE OF BIRTHSOCIALSECURITY NUMBER SEX RACE HEIGHT I WEIGHT EYES HAIR' OCCUPATION EMPLOYERISCHOOL MOTHER'S NAME (MAIDEN) FATHER'S NAME COURT USE ONLY DATE DISPOSITION AUTHORIZED By NO PROCESS TO ISSUE = At request of complainant Complainant failed to prosecute = Insufficient evidence having been presented ! PROCESS TO ISSUE TYPE OF PROCESS - Sufficient evidence presented Warrant Defendant failed to appear - Summons returnable APPLICATION ADULT NUMBER Trial Court of Massachusetts�.. FOR COMPLAINT El JUVENILE District Court Department ❑ ARREST 2E HEARING — J SUMMONS WARRANT COURT DIVISION The within named complainant requests that a complaint issue against the within Lawrence District Court named defendant, charging `said defendant with the offense(s) listed below. 381 Common Street Lawrence, Ma. 01840 DATE F APPLICATION I DATE OF OFFENSE I PLACE OF OFFENSE Au . 17 1992 Diverse 383 Abbott St., M38 P52 N E OF COMPLAINANT North Andover, MA orth Andover Board of Health (Allison Cori o0 OFFENSE G.L. Ch. and Sec ADDRESS AND ZIP CODE OF COMPLAINANT M.G.L. Ch. 111, Sec. 15 CA Town of North Andover t. Town Hall 310 CMR 19.00 120 Main Street North Andover, MA 01845 2. 105 CMR 410.602A NAME, ADDRESS AND ZIP CODE OF DEFENDANT IS n OU , Lawrcmultj to: 82 Amesbury St Mrs. Faye Averkat. 3. Report 38-3 AhhntStreet Lawrence, MA North Andover, MA 01845 4. j I COURT USE A hearing upon this complaint application DATE OF HEARING TIME OF HEARING COURT USE ONLY-� I will be held at the above court address on I '�j -9�- AT �• �Z`—ONLY -41 CASE PARTICULARS — BE SPECIFIC j NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED NO. Owner of property, Goods stolen, what Over or under SUBSTANCE OR WEAPON person assaulted, rijeslLpyed. etc. 5254. Man;uana, gun. etc- I 2 NOTE: THIS HEARING HAS BEEN RE-SCEDULED TO OCTOBER 16, 1992 at 2_:00 P.M. 3 4 cc: Thomas F. Caffrey,,Esq., 300 Essex Stre t, Lawrence, Mass. 01840 _ OTHER REMARKS: Failed to comply with attached order letter to cease and desist dumping landfilling and/or stockpiling materials and remove al dumped landfilled materials from the places of offense immediately. I 1 ��: ��rr b= -�- • -�; 7- "ZNATURE OF COMPLAINA f DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. DATE OF BIRTH PLACE OF BIRTH SOCIALSECURITY NUMBER SEX RACE HEIGHT I /FIGHT EYES HAIR V OCCUPATION EMPLOYER/SCHOOL MOTHER'S NAME (MAIDEN) FATHER'S NAME COURT USE ONLY i DATE DISPOSITION AUTHORIZED BY NO PROCESS TO ISSUE At request of complainant Complainant failed to prosecute �. Insufficient evidence having been presented PROCESS TO ISSUE TYPE OF PROCESS i Sufficient evidence presented n Warrant Defendant failed to appear ^ Summons returnable Continued to COMMENTS - -- -- -- ---- I BOARD OF HEALTH 120 MAIN STREET NORTH ANDOVER, MASS. 01845 7:30 P.M. 356 ABBOTT STREET: c C 8 1113 4 L.. TEL. 682-6483 Ext. 32 Several neighbors were present and expressed their continued concern about the dumping at 356 Abbott Street. Ms. Conboy stated that at the last meeting, the Board agreed to proceed with legal action and at that point in time, Mrs. Nelson was to handle the situation. A lengthy discussion ensued in reference to neighbors complaining that the dumping is still going on and expressed to the Board their disappointment in them, because they did not live up to what they were told would happen. Dr. MacMillan stated that as he understood it, at the last meeting a cease and desist order was issue and a recommendation was made to seek legal counsel. After an involved discussion and input on the part of all involved parties the following motion was made: Page 3 Minutes: August 13, 1992 Dr. Rizza, seconded by Mr. Osgood, the Board voted On a motion by action and to be unanimously to proceed with the following and to schedule implemented no later than Monday, August 17, a follow-up meeting on Thursday, September 24, 1992: a) Post signs "No Dumping" at main entrance to lot b) Block off main entrance with barriers c) File Court complaint d) Get DEP evaluation on - if and when and how to remove the dumping material ' e) Memo to the Planning Department informing them of this action r , i a BOARD OF HEALTH MINUTES AUGUST 13, 1992 Dr. MacMillan called the meeting at 7:15 p.m. MEMBERS PRESENT: Francis P. MacMillan, M.D., Chairman, John S. Rizza, D.M.D., Member, Gayton Osgood, Member, Sandra Starr, Health Agent, and Allison C. Conboy, Health Administrator. APPROVAL OF MINUTES - 5/25/92: On a motion by Mr. Osgood, seconded by Dr. Rizza, the Board voted unanimously to approve the minutes of 5/25/92 as written. COLONADE CONTRACT - BOB WEBSTER, FLOWAGE, INC.: Bob Webster, Flowage, Inc. was present and submitted to the Board, the Colonade Plans and Contract between The Colonade, Flowage, Inc. and the Town of North Andover. The changes were made as previously discussed at the last Board of Health Meeting on 5/25/92. A brief discussion ensued. Then the following motion was made: On a motion by Mr. Osgood, seconded by Dr. Rizza, the Board voted unanimously to approve The Colonade Contract as written and to authorize release of 1/3 payment of monies in the Colonade Escrow Account. OTHER BUSINESS: Lot #9 Old Cart Way: Ms. Starr stated that there is no real problem, the owners are looking for an abatement. The assessor stated that he will not give an abatement until the Board of Health declares it an unbuildable lot. Ms. Starr stated that it is not exactly unbuildable, he would need to come for an variance. Ms. Starr stated that she went out and did some deep holes and some water testing and wants to know if the Board will accept the results that she did on July 29 - there was no water, she went down nine (9) feet. Ms. Starr believes Mr. Teoli and his engineer will probably come before the Board of Health at the next meeting requesting a variance. All Board Members agreed to accept results of the deep hole and water testing done on July 19, 1992, if an additional foot is added as the testing was done out of season. Page 2 Minutes: August 13, 1992 Leary - 57 Essex Street: Ms. Starr stated that she spoke with the engineer today and he is proposing to move the existing failed system up the hill away from the wet area and the brook so that it would be 100' away from the brook and 50' away from the wet area. Ms. Starr stated that right now we are just waiting to see what Conservation has to say about that and if they will accept that. Dr. MacMillan wanted to know why Conservation would not accept this. Ms. Starr stated that Conservation wants 100' away from the wet area. At the present time, Ms. Conboy stated that the Board of Health is waiting for plans to be submitted and a variance request from the engineer. Bill Hall - Disposal Works Installers Permit: Mrs. Starr stated that Mr. Bill Hall was given the Installer's test and passed with an eighty- three percent (83%), and she recommends the Board's approval. On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously to grant a Disposal Works Installers Permit to Bill Hall. 7:30 P.M. 356 ABBOTT STREET: Several neighbors were present and expressed their continued concern about the dumping at 356 Abbott Street. Ms. Conboy stated that at the last meeting, the Board agreed to proceed with legal action and at that point in time, Mrs. Nelson was to handle the situation. A lengthy discussion ensued in reference to neighbors complaining that the dumping is still going on and expressed to the Board their disappointment in them, because they did not live up to what they were told would happen. Dr. MacMillan stated that as he understood it, at the last meeting a cease and desist order was issue and a recommendation was made to seek legal counsel. After an involved discussion and input on the part of all involved parties the following motion was made: z Page 3 Minutes: August 13, 1992 On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously to proceed with the following action and to be implemented no later than Monday, August 17, 1992 and to schedule a follow-up meeting on Thursday, September 24, 1992: a) Post signs "No Dumping" at main entrance to lot b) Block off main entrance with barriers c) File Court Complaint d) Get DEP evaluation on - if and when and how to remove the dumping material e) Memo to the Planning Department informing them of this action OTHER BUSINESS - CONTINUED: 41 North Cross Road: Mrs. Starr stated that 41 North Cross Road has a failed sewer disposal system and needs repair. Ms. Starr stated that there is a small swale area with some cattails, but Conservation does not consider this a wetlands. Mrs. Starr stated that As far as Conservation looks at it, it is not considered a wetland. Mr. Osgood stated that if Conservation does not consider this a wetland, then it does not need a variance. Mrs. Starr just wanted to be reassured by the Board that a variance is not required. Arrigo - Lot 5A #80 Bonney Lane - Discussion: Mrs. Starr stated that a plan was submitted. The Board granted a variance of 10 feet from the edge of the system and they can not make the 10 feet, they are able to make 8 feet. Mr. Doucette wants shortened 50 feet and Les Godin, the engineer, has a problem with that. Mr. Osgood wanted to know how the Conservation Commission get involved with this. Mrs. Starr stated, because it is in the watershed area. The Board agreed to have Mrs. Starr work it out with Conservation. Communicable Disease Reports - Review:_ Ms. Conboy stated that she thought the Board might be interested in reviewing the Communicable Disease Report File. The Board proceeded to review the file. Page 4 Minutes: August 13, 1992 Ms. Conboy stated that the flu clinic is coming up and the school nurses are volunteering their services and we will contract services from Mary Ellen Donahue the visiting nurse. The following dates are scheduled: Wednesday, October 7, 1992 - 1 P.M. to 3 P.M. Wednesday, October 21, 1992 - 1 P.M. to 3 P.M. Wednesday, October 28, 1992 - 1 P.M. to 3 P.M. Dr. MacMillan agreed to do the Rizza agreed to do the October October 28th clinic. Waste Oil Pick -Up: October 7th flu clinic and Dr. 21st. No one was available for Ms. Conboy stated that the Waste Oil Pick -Up has been moved to the DPW and we are still collecting money for it which is not necessary. Andover is eventually starting their own pick-up because they took North Andover's old tank. Ms. Conboy suggested we continue to collect the waste oil money until Andover goes on their own. Ms. Conboy stated that in some point in time we have to stop charging people for a service that is free. Conservation Watershed Project: Ms. Conboy stated that Mr. Doucette enclosed a questionnaire for the watershed project he started and an update on Victor Mejias and his duties regarding the watershed project. Ms. Conboy asked the Board to review the questionnaire and to get back to her with any comments they may have on it. Smolak Farms: Mr. Osgood updated the Board on a recent zoning complaint on Smolak Farms. Farms are allowed a lot of exemptions from State Laws stated Mr. Osgood i.e. wetlands laws. Mr. Osgood stated that even if we refuse to license Smolak Farm Stand, Mike could still run a farm stand because there is a State Law that he can run his stand without the Board of Health's permission. The letter also mentioned pesticides/ insecticide spraying. The spraying is regulated by the State Pesticide Board and you have to be licensed by the State Pesticide Bureau to spray. Mike Smolak is licensed and the person that works for him is licensed. The Board of Health has no jurisdiction over these complaints, the complainant would have to go to the State Pesticide Board if she thinks Mike Smolak is doing something wrong. Mr. Osgood stated that the only think that is questionable, is iI INCIDENT INQUIRY BASIC CASE INFORMATION CASE NUMBER 92 5351 REPORTED AS :2642 REPORTED BY TELEPHONE DATES TIMES REPORTED. 0;. %P2 REPORTED. COMPLETED: 07,'03/92 DISPATCHED ARRIVED: DAY: FRIDAY FINISHED: COMPLAINANT VICTIM GOODRIDGE. MONIQUE 356 ABBOTT ST. N ANDOVER 6 - % 5 AME: WRECKER: DISPOSITION ?00 F' I N I SHED Code 1 Status: INQUIRY SUCCESSFUL. IRS #:2'642 ILLEGAL DUMPING 1CR # IORITY: X99 11AF1•:S : ILLEGAL DUMP I iIG-_ 83 ABBOTT ST LOCATIONS 14 . RE:'OR".. LOOT BEHIND HOU_ 14.23 L; ACT: 30-7 ABBOTT ST 14.2: AREA. GE01: G RPT1. 14:24 ZONE. 41'3 GEO_-: 4 RP -12: 4 DISPATCH VEHICLE: 306 BACK-UP: OFF1: =a13 Veiazquez OFF: . FIRE -CO: EMS MODUS OPERANDI VICTIMS: 0 ARSON:NO O/A:0 O/K:0 REPORT:N USER -CD: #ARRESTED: 0 DISPATCHER/OPERATOR STATUS NEXT PAGE? YES Richard . Boettcher CLOSED ET", CITIZEN HAS A COMPLAINT OF ILLEGAL DUMPING AT THE _IOSEPH J AVERKA PROPERTY, -383 ABBOTT SST. iNFORMATION WILL BE FORWARDED TO THE NORTH ANDOVER BOARD OF HEALTH. t.Vl lr L[1117 1 1Y V r1DF�Lx #62- Lri l rl JULY 8, 1992 COMPLAINTANT:MRS. LEARY CLOSE DATE: ADDRESS:338 ABBOTT STREET PHONE: OWNER:JOSEPH AVERKA PHONE #: ADDRESS:356 ABBOTT STREET INSPECTION DATE: ORDER L DATE: COMPLAINT:DUMPING ON FRIDAY, JULY 3, 1992 AND AGAIN LAST NIGHT, TUESDAY, JULY 7, 1992. POLICE WERE NOTIFIED AND IT WAS PLACED ON THEIR LOG. ACTION:{� 0 5 pou&e- frp(�E �av pmt %TVA1'►ov tri ktcpbW1 %IZ�PIq�i 00 RE?CAT J l �f jo , NORTH ANDOVER, MASSACHUSETTS POLICE DEPA TMENT INVESTIGATION REPORT 7U�:1lV. JI`J Com.. ..Ytii�C:`I1 � IlLL J9Y '' - REPORT REPORT UP OTHER ! r--, 77 92 5 121 u KA Lj ^EL.r� T CU !NC .DENv T S IOFFENSZ TYPE CF INCIDENT ( LEIRS LOCATION I 1 6483 x 32 682 I90 20310 Code Violations Threats O.O.B. • ,Q' 383 Abbott St DATE TIME OCCUPIED DATE TIME REPORTED I DATE TIME OF ARREST LAST NAME FIRST NAME M.I. AVerka Joseph AOp. !PsAbbott St N Andover S 6/26/92 1046AM PHONE tt ADDITIONAL OFFENSES LEIRS VEHICLE INFORMATION S.S.# �. ' �` <�!� EMPLOYER YR MAKE MODEL AEG4 SPATE LAST NAME FIRST NAME M.I.A i1.LKP�17%�✓f J FSS r ITV Tg ybbott St N Andover STATE .1A 7 SEXY OWNER: / D.0.8..I _ S.S.p = / � i J ) 2C�L / EMPL4T6EFi ( (� VIN: LAST NAME FIRST NAME M.I. ADDRESS CITY TOWED BY: WEATHER CONDITIONS: rnnF' V - Vietim C - Cmmnlainant W - Witness A - Arrested AC - Actor S - Suspect ACC - Accident Victim I AC LAST NAME FIRST NAME M.I. Osgood Gayton ADDRESS N RAndover Board of Health ITY STATE 6483 x 32 682 SEX RACE O.O.B. • ,Q' S.S.IJ i' ^ r' EMPLOYER 2 S LAST NAME FIRST NAME M.I. AVerka Joseph AOp. !PsAbbott St N Andover S TE t1••1�u[ii PHONE tt S6iiXZtSS M RACE C 0.0 B. , S.S.# �. ' �` <�!� EMPLOYER 3T TT J, AC LAST NAME FIRST NAME M.I.A i1.LKP�17%�✓f J FSS r ITV Tg ybbott St N Andover STATE .1A PHONE # SEXY RAA,CE / D.0.8..I _ S.S.p = / � i J ) 2C�L / EMPL4T6EFi ( (� 4 LAST NAME FIRST NAME M.I. ADDRESS CITY STATE PHONE # SEX RACE D.0.8. S.S.# EMPLOYER DESCRIPTION OF SUSPECT/S A SEX RACE HGT WGT HAIR EYES COMP. AGE CLOTHING 8 On the above date and time this officer along with Gayton, Osgood of the North Andover NAHHA IFIVE: Board of Helath went to Averka's on Abbott St jap A>•erka was issned 1Pt'terC frnm the Roard c -f } spare lot he has off of Abbott St across from the driveway at 356 Abbott St Myself and Layton advised him that i-hprp was.to he nn mare dumping and he should post sians and block the entrance way. Both he and his mother stated the Mr - 5'5-P,i5 atthreats L _ _hem • sir � r' r'lr Al. -rk .7 :3a Li., ?-F,re is hist _di± lli cats were --aa -O'warix3 �iiciii vv ri"v c�.i,n`. +tia den -,'3d ':a.. �..0 .- 4e ;as _'^ _ ` r _ .+_ _ _ .. .. --.• y.-, ., y .. •-!. threatening. He stated that he understood. 0 A`00>"n'•�� � I""T J DL# ! Page —/—Of INCIDENT INVOLVES: 09MESTIC SE O: ELDERLY ABUSE 0: CHILD ABUSE O; ABUSE AGAINST HANDICAPPED 0 REPORTING Of®EER a SHIFT COMMANDER REFER TO DETECTIVES '� )N f ! niSPOSITION CODE: TO: BOARD OF HEALTH 120 MAIN STREET NORTH ANDOVER, MASS. 01845 M E M O R A N D U M Karen Nelson, Director, Planning & Comm. Dev. FROM: Allison C. Conboy, Health Administrator RE: 356 Abbott Street DATE: June 26, 1992 TEL. 682-6483 Ext. 32 As you aware aware, the Board of Health at their meeting on June 25, 1992, agreed to proceed with legal action against the • property owners of the above mentioned property. Please advise me as to what course of action Town Counsel recommends that we proceed with at this stage. A copy of the order letter which has not been complied with to date is attached. ACC/cjp 0 TO: FROM: RE: DATE: BOARD OF HEALTH 120 MAIN STREET NORTH ANDOVER, MASS. 01845 M E M O R A N D U M Karen Nelson, Director, Planning & Comm. Dev. Allison C. Conboy, Health Administrator 356 Abbott Street June 26, 1992 TEL. 682-6483 Ext. 32 As you aware aware, the Board of Health at their meeting on June 25, 1992, agreed to proceed with legal action against the property owners of the above mentioned property. Please advise me as to what course of action Town Counsel recommends that we proceed with at this stage. A copy of the order letter which has not been complied with to date is attached. ACC/cjp BOARD OF HEALTH 120 MAIN STREET NORTH ANDOVER, MASS. 01845 TEL. 682.6483 Ext. 32 Minutes: June 25, 1992 356 ABBOTT STREET - COMPLAINTS: Abbott Street neighbors were present and a lengthy discussion ensued in reference to dumping. Ms. Conboy stated that approximately one year ago, the Board of Health started receiving complaints from abutters on 356 Abbott Street. The original complaint that Ms. Conboy received was on perty she February 1991. In response to an inspection go hwas reventually wrote an order letter. That case a y closed .stated Ms. Conboy. Recently, the complaints started again. Ms. Conboy stated she wrote another order letter in May 1992 and the time for compliance is up tomorrow. Ms. Conboy's impression is that the owners believe they can run a i compost facility on their own property. Ms. Conboy stated that Mr. Averka was allowing his tfriniends ht and to dump on his property and additional people come by g dump. Mr. Doucette stated that he received phone calls from two of the neighbors within the last week and knowing that this has been going °i e °an five years or more it is of concern to him. Both the Pol d detectives have been involved w it this problem. Mr. Doucette stated that he called DEP today and it is very obvious to him and to the person at DEP that this is a violation of law. Mr. Doucette stated that the original level of the rou d which was below street level is now at street level, app y Six feet deep. At this point in time, a neighbor stated that she issued a complaint in 1985 and for the past three years, 356 days a year, there are trucks pulling onto the lot. They range from a small pick-up truck to a 36 ton truck. She stated that for the past two days a tree company (cherry pickers) from Massachusetts Electric have been dumping. Another resident complained of the nauseating smell which wakes her up in the middle of the night. A neighbor stated that Mr. Averka flags people down on from Johnson Street. She stated that the dumpers are not j ust but from all over the Merrimack Valley. She said that Myles Capponelli goes in every time Mr. Averka gets nervous and bulldozes the dumped materials down. COMPLAINT # COMPLAINANT ADDRESS OF PREMISES OCCUPANT OWNER JUIV OWNER'S ADDRESS . DATE OF INSPECTION NORTH ANDOVER HEALTH DEPARTMENT 120 Main Street • North Andover, MA 01845 Telephone (508) 682-6483, Ext. 32 Housing Inspection Report MI/1'K ff HOUR Nd INSPECTOR Form MR -1 Action Press 8857000 �.Vl•1CIN 11V1 LVVVIOZi[ Lilft I L' #47- JUNE 3, 1992 COMPLAINTANT:MARY BORZI CLOSE DATE: ADDRESS:440 MARBLERIDGE ROAD PHONE: 794-0485 OWNER:JOSEPH AVERKA PHONE #: ADDRESS:356 ABBOTT STREET INSPECTION DATE: ORDER L DATE: COMPLAINT:DUMPING NOT BEING REMOVED. THE PILES OF DUMPING ARE GONE BUT IT WAS SCATTERED AROUND AND THE AREA HAS A TERRIBLE ODOR. ACTION: -P 844 205 150 Certified Mail Receipt No Insurance Coverage Provided o Do not use for Intern&ional Mail ;p�� (See Reverse) Sent to Mrs. Joseph Averka Street & No. 383 Abbott Street P.O., State & ZIP Code No. Andover MA 01845 Postage 2.29 Certified Fee Special Delivery Fee Restricted Delivery Fee o Return Receipt Showing to Whom & Date Delivered rn 01 Return Receipt Showing to Whom, Date, & Address of Delivery TOTAL Postage & Fees 2.29 co Postmark or Date Sent 5/14/92 E a • I also wish to receive the Complete items 1 and/or 2 for additional services. • com;kete items 3; and 4a & b. following Services (for an extra • Print your name and address on the reverse of this form so that we can fee): return this card to you. • Attach this form to the front of the mailpiece, or on the back if space 1. ❑ Addressee's Address does not permit. • Write "Return Receipt Requested" on the mailpiece below the article number. 2 ❑ Restricted Delivery • The Return Receipt Fee will provide you the signature of the person delivered to and the date of delivery. I Consult postmaster for fee. 3. Article Addressed to: 4a. Article Number Mrs. Joseph Averka P 844 208 150 383 Abbott Street 4b. Service Type ❑ Registered ❑ Insured North Andover, MA 01845 [Certified El COD ❑ Express Mail ❑ Return Receipt for 5. bignature dre a 8. Addresse+ ddreWi(©nl i quested and fee i )� 6. Signature (Agent) 5 t r,yr' ' [C PS Form 3811, November 1990 *U.S.GPO: 1991-287.066 DOMESTIC - N RECEIPT - a� HGRT1r OTti�aa ,a1ti� BOARD OF HEALTH 120 MAIN STREET TEL. 682-6483 NORTH ANDOVER, MASS. 01845 Ext. 32 May 14, 1992 Mrs. Joseph Averka 383 Abbott Street North Andover, Ma 01845 RE: 383 Abbott Street and M38 P51 (Abbott Street) Dear Mrs. Averka: On May 11, 1991, I conducted site inspections of your properties on Abbott Street. The inspection of your empty lot located across from 356 Abbott Street (M38, P51) revealed large quantities of imported soil, landscaping waste (brush, tree stumps, logs, woodchips), asphalt binding materials and concrete blocks being landfilled and/or stockpiled on the property in violation of M.G.L. Chapter 111, Section 150A; 310 CMR 19.00 and 105 CMR 410.602(A). As you will recall, the Board of Health has had numerous complaints on this property in the past and issued an order letter very similar to this in March of 1991. You attempted at that time to cooperate by removing unacceptable materials from the property, however, progress and improvements were slow and minimal. After granting a number of continuances of time within which to comply with orders from this department and receiving assurances that you would continue to cooperate by eliminating and/or removing the remaining materials, although not fully satisfied with existing conditions at that time, the case was closed in November of 1991. As indicated by the site inspection conducted on May 11, 1992, conditions have quickly deteriorated to the point that an order letter to eliminate violations is once again necessary. Whereby, the Board of Health has been more then cooperative and accommodating in the past and conditions have once again In Page 2 383 Abbott Street May 13, 1992 deteriorated failure to fully comply with this order letter within the indicated time frame will result in a court complaint being filed at the Lawrence District Court. The Board of Health has also received complaints regarding your residential lot located at 383 Abbott Street. A site - inspection in response to these complaints revealed a very large accumulation of wood, logs, fencing, old household appliances, furniture and other miscellaneous debris. The property is not being maintained in a clean, sanitary and orderly manner and may act as a possible harborage for rodents. You are hereby ORDERED to cease dumping, landfilling and/or stockpiling the above noted materials IMMEDIATELY and to remove and dispose of all materials at a State approved landfill within thirty (30) days from receipt of this report of inspection/order. In regard to the violation of 105 CMR 410.602 (A), you have the right to be heard by the Board of Health if you feel this order should be withdrawn or modified. To obtain a hearing, you must file a written petition with this office within seven (7) days of receipt of this letter. You also have the right to inspect and obtain copies of all relevant inspection or investigation reports, orders, notices, and other documentary information in possession of the Board of Health; the right to be represented at the hearing; and that any affected party has a right to be represented at the hearing; and that any affected party has a right to appear at said hearing. To simplify, you cannot operate a landfill or dumping ground without first obtaining site assignment from the local Board of Health and plan approval from the Department of Environmental Quality Engineering. Please feel free to contact me with any questions you may have. Very truly yours. Allison C. Conboy, R. CHO Health Administrator ACC cc: Karen Nelson, Director, Planning & Comm. Dev. Complaintant o COMPLAINT NUMBER #45 - DATE: MAY 28, 1992 COMPLAINTANT:MIKE CONNOLLY CLOSE DATE: ADDRESS:171 ABBOTT STREET PHONE: 794-3627 OWNER:JOSEPH AVERKA PHONE #: ADDRESS:356 ABBOTT STREET INSPECTION DATE: ORDER L DATE: COMPLAINT:MR. CONNOLLY APPRECIATED RECEIVING THE OL BUT THEY ARE DUMPING RIGHT AT THIS MOMENT AND THEY WERE DUMPING YESTERDAY 5/27/92. i ACTION: bt& w,�+n he�� IhUn� CASE FILE STATUS SHEET NORTH ANDOVER BOARD OF HEALTH FOLLOW-UP FORM CASE NUMBER: #31/45/47/62 DATE OF COMPLAINT April 23, 1992 ADDRESS: 383 Abbott Street and M38 P51 (Abbott Street) N. Andover DATE: May 11, 1992 ACTION: Site inspection, Dumped materials, illegal landfill conditions as noted in order letter of March 27 1991. RESULT: Order letter sent on May 14, 1992 to cease and desist dumping and/or landfilling on both properties and remove all materials to a State approved landfill. DATE: May 28, 1992 ACTION: Complaint #45 continued dumping. RESULT: DATE: June 3, 1992 ACTION: Complaint #47 Continued dumping and odors. RESULT: DATE: June 24, 1992 ACTION: Site Inspection of property by Allison Conboy and Richard Doucette. Pictures taken. Materials had not been removed from the property. RESULT: DATE: June 25, 1992 ACTION: Board of Health meeting discussion - meeting notes in folder. The Board of Health agreed to proceed with legal action as the Order Letter of May 14, 1992 has not been complied with . RESULT: DATE: June 26. 1992 Page 2 Averka Case Status August 18, 1992 ACTION: Memo to Director of Planning and Community Development requesting that the case be presented to Town Council for recommendations. RESULT: Discussions between Karen Nelson and Gayton Osgood case was not presented to Town Council. DATE: August 7. 1992 ACTION: Phone call from neighbor - complainant inquiring what action is being taken on the property._ RESULT: DATE: August 13. 1992 ACTION: Phone call from neighbor - complainant inquiring whether the issue would be discussed at the Board of Health meeting. RESULT: DATE: August 13, 1992 ACTION: Board of Health meeting - neighbors and Faye Averka present Case discussed - Board of Health makes a motion to post the property - No Dumping Per Order of The Board of Health. Ensure that access to the property is blocked or obstructed. File a Court Complaint for non-compliance with Order Letter. Obtain a recommendation from The Department of Environmental Protection and Town Counsel re: whether all materials should be removed from the property and disposed of at a State approved Land fill or whether materials should be allowed to remain on the property. RESULT: DATE: August 17. 1992 ACTION: Court complaint filed in Lawrence District Court. Site inspection of property revealed lack of signs posted to prevent dumping and small pieces of lumber/tree limbs. approx one foot by one foot laved along lot line abutting the street - inadequate to prevent access to property. -- - - - ---- - - r-` COMPLAINT NUMBER DATE: #31- APRIL 23, 1992 COMPLAINTANT:MIKE CONNOLLY CLOSE DATE: ADDRESS:171 ABBOTT STREET PHONE: 794-3627 OWNER:JOSEPH AVERKA PHONE #: ADDRESS:356 ABBOTT STREET INSPECTION DATE: ORDER L DATE: COMPLAINT:AVERKA PROPERTY ON CORNER OF ABBOTT STREET & MARBLERIDGE ROAD UNSIGHTLY DUMPING, PROPERTY IS TURNING INTO A COMPOST PILE. ACTION: bp4wj jy� I �' lmA kr' OVOW UcCr���lA-hov� � Ra removed, Ir�7�kl Wl karhnq. BOARD OF HEALTH 120 MAIN STREET NORTH ANDOVER, MASS. 01845 April 10, 1991 Joseph Averka & Faye Averka 383 Abbott Street North Andover, MA 01845 Dear Joseph & Faye: 8 TEL: 682-6483 Ext. 32 or 33 The Board of Health is in receipt of your letter requesting a public hearing regarding your property on Abbott Street. You have been granted a public hearing at which time you will be- given egiven the opportunity to be heard. The hearing is scheduled foz, Thursday, April 18, 1991 at 8:30 at the Town Hall, Library Conference Room, 120 Main Street, North Andover, MA.. If you have any questions in connection with this matter, please feel free to contact me at the above number. ACC/cjp Very truly yours, �{ Allison C. Conboy, R.S.; CHO PI" '�w�u�� agile SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put yo", address in the' "RETURIr TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you. The return recei t fee will provide • ou the name of the person delivered to and the date of deliver For additional fees the following services are available. onsult postmaster for e and check box(es) for additional service(s) requested. 1. Show to whom delivered, date, and addressee's address. 2. F.- Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: 4. Article Number Mr. & Mrs. Joseph Averka P-604 Z2.8_ 959 383 Abbott Street Type ® Regi Service: Service. ❑Insured North Andover, MA 01845 ❑ Certified ❑ COD ❑ Express Mail Return Receipt for Merchandise Always obtain signature of addressee or agent and DATE DELI ERED. , s 5. Zure — Addressee 8. Addressee's Add s (ON Ri requested and fed X I 6. Signa re — Agent X lota 7. Date of eliv ry �� a e �� ��',� VVV PS Form 3811, Apr. 1989 +U.S.G.P.O. 1989-238-815 DOMESTIC RETURN RECEIPT P7694 7218 959 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to M jnca_-h Air Street and No. 383 Abbott Street NO., Sta an ZIP Code orth Andover, MA 0184 Postage S ,Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered Return Receipt showing to whom. Date, and Address of Delivery TOTAL Postage and Fees S 2 e. PA9 Postmark or Date 1 v� .sent 3/29/91 Ka BOARD OF HEALTH 120 MAIN STREET TEL: 682-6483 NORTH ANDOVER, MASS. 01845 Ext. 32 or 33 March 27, 1991 Mr. & Mrs. Joseph Averka 383 Abbott Street North Andover, MA 01845 j RE: Abbott Street M38 P51 Dear Mr. & Mrs. Averka: On March 21, 1991, I conducted a site inspection of your property across from #356 Abbott Street (Assessors' Map 38, Parcel 51) North Andover, MA .. The inspection revealed large quantities of imported soil, landscaping waste (brush, stumps, logs, woodchips), asphalt. binding materials and concrete blocks are being landfilled and/or stockpiled on the property'in violation of M.G.L. Chapter 111, Section 150A; 310 CMR 19.00 and 105 CMR 410.602(A). The material is emitting strong petroleum odors and may .be contaminated with volatiles and/or semi -volatiles. You are hereby ORDERED to cease dumping, landfilling and/or stockpiling the above -noted materials IMMEDIATELY and to remove and dispose of all materials at a State approved landfill within thirty (30) days from receipt of this report of inspection/order. In regard to the violation of 105 CMR 410.602 (A), you have the right to be heard by the Board of Health if you feel this order should be withdrawn or modified. To obtain a Hearing, you must file a written petition with this office within seven (7). days of receipt of this letter. You also have the right to inspect and obtain copies of all relevant inspection or investigation reports, orders, notices, and other documentary information in possession of the Board of Health; the right to be represented at the Hearing; and that any affected party has a right to be represented at the Hearing; and that any affected party has a right to appear at said Hearing. i Page 2 383 Abbott Street March 27, 1991 To simplify, you cannot operate a landfill or dumping ground without first obtaining site assignment from the local Board of Health and plan approval from the Department of Environmental Quality Engineering. have. - Please feel free to contact me with any questions you may Very truly yours, Allison C. Conboy, R.S , CHO• Health Administrator ACC/cjp l�A pi LAPP �� d cy d�• ,t . GG.Jy'd uo I a BOARD OF HEALTH 120 MAIN STREET TEL: 682-6483 "ss_�'�„SEtty NORTH ANDOVER, MASS. 01845 Ext. 32 of 33 March 27, 1991 Mr. & Mrs. Joseph Averka 383 Abbott Street North Andover, MA 01845 RE: Abbott Street M38 P51 Dear Mr. & Mrs. Averka: On March 21, 1991, I conducted a site inspection of ycJur property across from #356 Abbott Street (Assessors' Map 38, Parcel 51) North Andover, MA .. The inspection revealed large quantities of imported soil, landscaping waste (brush, stumps, logs, woodchips), asphalt binding materials and concrete blocks are being landfilled and/or stockpiled on the property in violation of M.G.L. Chapter 111, Section 150A; 310 CMR 19.00 and 105 CMR 410.602(A). The material is emitting strong petroleum odors and may be contaminated with volatiles and/or semi -volatiles. i You are hereby ORDERED to cease dumping, landfilling and/or stockpiling the above noted materials IMMEDIATELY and to remove and dispose of all materials at a State approved landfill within thirty (30) days from receipt of this report of inspection/order. In regard to the violation of 105 CMR 410.602 (A), you have the right. to be heard by the Board of Health if you feel this order should be withdrawn or modified. To obtain a Hearing, ;•ou must file a written petition with this office within seven (7) days of receipt of this letter. You also have. the right to inspect and obtain copies of all relevant inspection or investigation reports, orders,; notices, and other documentary information in possession of the Board of Health; the right to be represented at the Hearing; and that any affected party has a right to be represented at the Hearing; and that any affected party has a right to appear at said Hearing. NORTH 0 ,4, . OL I RANT: ATM . BOARD OF HEALTH 120 MAIN STREET NORTH ANDOVER, MASS. 01845 COMPLAINT FORM OWNER • ADDRESS•5 "" PHONE nnmrnuc. I 11A 0117)PPr�Al BOARD OF HEALTH 120 MAIN STREET TEL: 6g2-6433 NORTH ANDOVER, MASS. 01845 Ex t.. 32 or 33 COMPLAINT FORM DATE: 3 " ( Ll .q I CASE# COMPLAINANT • —�\ A 0 0 �3 ADDRESS: LT -'l- C�'W1 • IHONE# Q' COMPLAINT• iQ.e�.CLC.I/�.t_C1 hrtic_e 1Ut/LCi DATE OF INSPECTION: t l 1 COMPLAINT # COMPLAINANT ADDRESS OF PREMISES OCCUPANT OWNER OWNER'S ADDRESS _ DATE OF INSPECTION_ NORTH ANDOVER HEALTH DEPARTMENT 120 Main Street • North Andover, MA 01845 Telephone (508) 682-6483, Ext. 32 Housing Inspection Report HOUR � �/ INSPECTOR Form #HIR -1 Action Press 885-7000 9 Ho+Try O , 120 Main Street, 01845 KAREN H.P. NELSON� °; Town of Dirrr.!°r :i- NORTH ANDOVER (508) 682-6483 BUILDING'' ^� CONSERVATION ss'OMU��"a DIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT MEMORANDUM TO : Building Inspector Board of Health Fire Chief FROM : Richard Doucette, Conservation Administrator DATE : January 8, 1991 RE : Filling of Land on Abbott St. I recently inspected a report of a wetland violation on Abbott St. Two to Three thousand sq. ft. of land across from'#356 Abbott St: has recently been filled. According to the Assessors maps this property appears to be owned by Joseph and Fay Averka. There appear to be no wetlands on site as defined by the Wetlands Protection Act. There is however a strong odor of petroleum on the site and much asphalt is included in the fill material. The odor is likely from the broken asphalt but could indicate contaminated soil. The Building Inspector should be aware of the asphalt contained in the fill and the Board of Health and Fire Chief should be made aware of the possibility of petroleum -contaminated soil. CC : KHPN wOA♦N �I � J � 1 KAREN 11.1'. NFA.SONo TOWri Of IV ` 120 Main Street, 01845 I)Irf -tot,=�� NORTH ANDOVER (508) 682-6483 BUILDING 0),1Q11aNnTIUN DIVISION OF PLANNING & COMMUNITY DEVELOPMENT -'a L MEMORANDUM r TO : Building Inspector .Board of Health Fire Chief FROM : Richard Doucette, Conservation Administrator DATE : January 8, 1991 RE : Filling of Land on Abbott St. I recently inspected a report of a wetland violation on Abbott St. Two to Three thousand sq. ft. of land across from #356 Abbott St. has recently been filled. According to the Assessors maps this property appears to be owned by Joseph and Fay Averka. There appear to be no wetlands on site as defined by the Wetlands Protection Act. There is however a strong odor of petroleum on the site and much asphalt is included in the fill material. The odor is likely from the broken asphalt but could indicate contaminated soil. The Building Inspector should be aware of the asphalt contained in the fill and the Board of Health and Fire Chief should be made aware of the possibility of petroleum -contaminated soil. CC : KHPN r O ' A ��SSaCHOSE Trade by -� Address Nature of complaint BOARD OF HEALTH 120 MAIN STREET NORTH ANDOVER, MASS. 01845 TEL. 682-6400 CO9PLAINT FORt1 DA'Z'E // I Z O —Te 1 7S- r�lS IV Location Occupant Owner or Agent Address DO NOT WRITE BELOW T11IS LINE Referred to �- �,`� _ Date of Investigation a�56 Recommendations Action taken BOARD OF HEALTH 120 MAIN STREET NORTH ANDOVER, MASS. 01845 TEL. 682-6400 COMPLAINT FORM DATE t1ade by Address �$—� /9 /3/3Q/ �'� Tel. Nature of complaint,��( —60 Location Owner or Agent Referred to Occupant Address DO NOT WRITE BELOW; THIS LINE Date of Investigation G G A Result of investigation A/C OCL P2ESE.v? 410w65V69 Py40&,4c1 ,">"/•is /.L/i0 L,?0, 7- OG zOT r, P/-)'016$ CD.< -f zoT Loo/G6/� t,P�Sme2 DF "r-IrE 'Ve /lc:w 1/�}/�!T o2 O/L Recommendations Action taken iOLi-) A,c/Ee,V6,e 72:1 LET &,0W,0 A2aA6 I,srSjS d2 GE/'"s' C�D2dE DSWN DRA POLICY ASPH:.LT,�BRICK AND_,COIICRETE-.P.USBL- - (July 7, 19881- -- - • Z I .. 114TRODUCTION .-,.Asphalt. brick and concrete rubble can be recycled .E-,_ :r use- .,]for _e_.,]for some beneficial purpose. If certain cenditi cns a.-- tet. tt__ can beaccomplished without posing a threat to tta en __:_.e-._. Amongthe benefits of such recycling and/or rene:c:�: mss_ _= _ :_ ,:conservation of scarce solid waste disposal caaa_it . Under most circumstances, asphalt, brick and con:: e:a = -:� :la is free of other constituents does not pose a danger : _ harmful chemical substances to the. en- iron= the other hand, pose a danger due to its ph si ca_ land subsidence if large pieces of rubble are u___ e." r--" �--and potential physical injury to htmans frc- e:_p__e= -....s rubble. 2 � "This policy facilitates the environmentall_. sour_= - and/or beneficial use of asphalt, brick and cone_ ete si-:r_ifyir_g the regulatory process in specii:_ of t� at is contained in the policy has pre : _cus: teen the Department after a case by case determ=r_at_cn . the need for 'many of t:_cse case '_-7 ca det nrm-; ations . r�yN r • . ^,T: Er_olicy applies only in the specific _rs _2i:ces _ - - ?` - brt ch and concrete rubble that does not weet theL c_ _ : _ _ _ _ _ :Z regulation under this policy is subject to full re= __S1: _-_ _ _ _= and, if s r,ecial considerations are pr=pcsec r•�= = z = _ _ _ = - _ by the repartkent on a case by case bes=s. i? . DEFII:ITIC::S The following terms, when used in this pol_cy, ! =.e th= :c_= meanings. Asnhalt Brick and Concrete Rubble (ABC Ru ble' asp: alt rubble, brick rubble, or •cont: ete = ubb? = T:!!c ,:_naterials .that are normally -considered a- solid- �:_si_ Tiny way -attached to or -mixed _with the ..rubble..- :_he 'c exception is concrete rubble Which, in accordance with i:s definition, may contain rebar.) Asphalt rubble contains only weathered (cured) asphalt. primary source of asphalt rubble is pavement excavaticn wcr _� 7/7/28 - E=ne`ici 1 Use means t.hs_ use of rubLlc r..aterial .: :.anal naterial s in construction or fill • :cls . Ttj p rimarr objective o: the protect must r.ot be the .the-,r•lbble. "Drick rubble contains only clay bricks and attached normally used in construction. Concrete rubble contains only concrete.'The prirary sc____ cf :.concrete rubble is the demolition, repair. and exca.a_i of hridges . and f oyndations . Conc= a to rur'_+1 e =ay rebs= than is attzched to or incorporated in the cc,c_ ___. ~ Rebar neans the petal bars or mesh used to reinfc: ce _zt__ve Accu=uleti on means accumulating rubble- na = __ ___ .demcnc zrable practical means of recycling -and:._ 'R ` •_s_- the accumulated rubble over a reasonable F___cd _ _ C:-.4 _nd_ca_ion that speculative aceunulaticm is : =c::r_ _: - i=s= then 75 percent of the rubble accepted at a size is actually beneficially used each year. T. -.e De=r ___n= _ __ __ • _- the right to use its d_=cretion in deter=in_- ng w et == _Yec•__at_.= accumulation is occurring. T . DOL_• _ tTses for�,BC rubble and facilites process_ g : T•_�^___ reet the criteria of this policy can be regulated as r eac = category. ABC rubble and facilities : ct cc == ec the categories, are subject to the nor=al reg::.s=tT- _ _ • =3=__ _- An; :x=esti onal uses must be approved by the Der=_= t=e- _ _r = by =a=e h=sis. _ 11 C�T�GC3IES ABC rubble is divided into two categories for the purr =ses =f this policy. One category covers the crushing a=d use ABC rubble. ''The other category covers the beneF_:i:'_. _:,:_e = -=_. rubble that is not crushed. 1. C_RUSHED ,ABC RUBBLE `ABC, rubble that his been processedy crushing ecrt•.ipbe='ra ,stone size aggregate from which�'� rebar has been se_ 01 -that is put to --a _beneficial use is not 'regulated .-as _a. w rate -by the Department. `z.::=:ties at N:.icn AP)C rubble is proccsse� and cr-_s`.ed fu require site assiannent as long as the folloc:ingc:nd=ti:Ins met. _ � ,':fir; � ��,� ,..,,� 5.,:..o.. :.. .:. :._. _• .. , ... �. The only material received, handled or processed :s ABC rubble .'as define above. (i.e.. no other r..ate=-a1 :s ..t .c to or nixed with the rubble.); All rebar is removed in the process and the rebar is - recycled. put to somet other beneficial use, or dispcsed in an approved facility;.' c. There :.s no speculative .accumulation of the s.=_;, r�b_e, t. crushed ABC rubble, or any rebar re=oved in he process=: c• z. All previsier_s contained ir. the "General Prc Jisic=s" 'se =::_- �... _ =� Zh s policy are observed. Ts a de`_r.iticn of "sto~e size acgr-ecat_" so, wha = should it be? RUBBLE NOT ceneficial use of ABC rubble r_ h_t .Zas not bear cr::_he_ c_e_ r-rc 4rc site assign ^ent and does not .require T1rs-•��':�'`'`�r ;.f the `1+:w?n,7 condi t1ons are -?`.. a -he 1 -cal board of health. approves the speci �- rase by case basis: _ . The use is a beneficial use; - ". ':h2 rubble is not stored at the site of ::s =se rr_or to its final placement for =cre than tC . days; d. All provisions contained in, the "General Provisio=s" sent_::: cf this policy are observed. The Oepartrent reco=ends that, if practicable,..all.tebar be - .renc. ed..from the rubble . AustinO .rebar .does: _.nom„ .ase can Ver...:.o Cthc safety- of drinking wat-er;.-=but::It--ran-:ca:a'e aesthet_c degradation., Rebar can pose. a sa_ety hazard d -"'-'--to ts. cps=cal T. - characteristics_: Zf-t is not properly handled:_ and_used:' The board of health and the user of ABC rubble should ccnsider the possible future subsidence of land containing large pieces 7f rubble and the possible danger posed by rebar when deciding whether a specific beneficial use is appropriate. 7/7/88 RUBEL-E-06. p apt .3 � r Quest on Is the restriction on storage needed in cr should a "speculative accumulation" provision be added to _h__ section? Question_ Is a limit on the maximum size of the Pieces of needed? uestion: Is some restriction on the physical di=ersicns o :.`._ rebar or the amount that the rebar protrudes frc= the rebar needed? uestlor._ Is a requirement to cover the rubble With _.3- a=_ vegetative cover needed? f, . B. GENERAL PROVISIONS =The -D-- - - --- _..- _-- -- r..._ -Departiten es ,zts :right - arc.- _- --s t :resew to .suspend the ' ==t3iis __policy :iinder.r.any-c ircumstances'hen �he�eFa-i=:e= A to=r pines __the_puhlic ealt .an _ h._ d safety or`tie e-':i_�___ _ ,endangered._-_._ _...� Gocd construction practice must be observe- as =_ _e_=_ -e possibility of subsidence of fill compcsed of large ether -,i icable laws and regulations -- -- - - eP.- re ations _•us = t= c:=-- •-=•- _ as the p_ chibitiou of using materials such as in Wetl=_nds. The Department reserves the right to deter=ine w -1 -at c c -s =_ _ _ _ _ "beneficial use" on a case by case basis. Question: What else? 7/7/88 _ 9 LTB=.=95 Daniel S. Greenbaum Commissioner Division ,;,, ..,...- SWM -11-b/89 Solid Waste Manabement'' t Winter Street INTERIM POLICY Boston, MA 02108 . ;;ALTERNATIVE USES OF ASPHALT, BRICK AND CONCRETE RUBBLE L. James Miller Director This policy establishes the guidelines under which the Department may allow two types of alternative uses of asphalt, brick, and concrete rubble (ABC rubble). :::.These uses include crushing ABC rubble and using ABC rubble for a substitute for conventional materials in construction and grading projects. When the conditions specified in this.policy are met, the ABC rubble will not be., classified and regulated as a solid waste. This _.._, policy is not applicable to demolition debris in general but only applies to specific types of rubble described in the policy. Willa Small Kuh, Acting Director, Division of Solid Waste Management (date) 100% Recycled Paper DSWM Policy SWM -11-6/89 Date: 6/30/89 This policy applies to two types of alternative uses for ABC rubble.. When a specific use of ABC rubble is approved by the Department under the provisions of this policy, ABC rubble shall not be classified as a solid waste for the specific approved use. .:The two types of uses covered by this policy are: A) The orocessinc of ABC rubble at crushing facilities to produce a stone sized aggregate: Under provisions of the Site Assignment Regulations for Solid Waste Management Facilities, 310 CMR 16.00, when the Department determines that such a use of ABC rubble is a "beneficial use" the facility will be exempt from site assignment (310 CMR :;..:;.. 16.05(2) (i)), and the rubble will not be classified as a solid waste (part (k) of the definition of "solid waste" in 310 CMR 16.02). B) The direct use of ABC rubble as a substitutefor �:vnv�nLivnal maLerlals 1n CO1]sLruCLlOn Or grdQlnQ DrOIeCtS: Each such use will require a case by case approval by the Department. Potential problems that must be evaluated ... include the possible future subsidence of land containing -large pieces of rubble, the degradation of water resources rubble containing rebar and whether the proposed use is a >� ;legitimate alternative use or merely an attempt to circumvent solid waste management regulations. This policy establishes the guidelines and procedures that will be used in making determinations for both of these types of use. This policy is not applicable to demolition debris in general. Only ABC rubble, as defined below, that contains no other materials is covered by the policy. Operations conducted in violation of this policy may be determined to be illegal solid waste handling activities subject to enforcement action pursuant to M.G.L. c. 111, s. 150A, (Solid Waste Act); c. 21H, s. 4, (Solid Waste Superfund); c. 21A, s. 16 (Administrative Penalties Act), and the regulations promulgated thereunder. II. DEFINITIONS The following terms, when used in this policy, have the following meanings. 2 s + r DSWM Policy SWM -11-6/89 �. Date: 6/30/89 definition of "solid waste" in 310 CMR 16.02, recyclable materials used at such facilities are not solid waste. This policy describes several classes of facilities for which the Department has made a "categoric determination of beneficial use." That is, facilities that meet the criteria. described below have been determined to be exempt from site assignment pursuant to 310 Cit 16.05(2)(1) and the recyclable material (ABC rubble) used at these facilities is not a solid waste. - In addition, the policy describes the procedure which facilities that do not qualify for a categoric determination of beneficial use may use to apply to the Department for a facility specific determination of beneficial use. 1. Categoric Determination of BeneficialUse for AslRhalt Batching Plants The use of ABC rubble as a feedstock at asphalt batching plants has been determined by the Department to be a beneficial use. Asphalt batching plants that process ABC rubble for use as a feedstock in their production process are exempt from site assignment and the ABC rubble used at the batching plants is not -regulated as a solid waste. .2. Catecoric Determination of Beneficial Use for ABC Rubble Crushing Facilities Processing ABC rubble with crushing equipment to produce a stone sized aggregate from which all rebar is removed is a beneficial use if the conditions listed below are satisfied. The ABC rubble processed at the facility is not considered a solid waste. The following conditions must be met for a processing facility to be exempt because of a categoric determination of beneficial use: a. The processing must take place at: 1) a an active quarry or sand and gravel pit, or 2) the site of a demolition/construction project where all the rubble processed is generated at the site. b. The only material received, handled or processed is ABC rubble as defined in this policy (i.e., no other material is attached to or mixed with the ABC rubble.). 4 DSWM Policy SWM -11-6/89 Date: 6/30/89 :a�es 3. Process for Aonlvina for a Faciti*Y Sgecific Determination of Beneficial Use :Facilities that do not meet the criteria for a categoric ~ determination of beneficial use must apply for a facility specific determination of beneficial use in accordance with 310 CMR 16.05. Applications should be submitted to the Solid ;Waste Section Chief in the Regional Department office in which ~ the proposed facility will be located. PART B. DIRECT USE OF ABC RUBBLE AS A SUBSTITUTE FOR CONVENTIONAL MATERIALS The Department may approve the direct use of ABC rubble as a substitute for conventional materials in construction and grading projects. The procedures for obtaining this approval. are described in this part of the policy. _ .;The, applicant must submit a written request to the Department - .seeking approval for each proposed alternative use of ABC rubble. The request should be submitted to the Solid Waste Section Chief the DEQE region in which- the rubble is proposed to be used., The applicant must also provide a copy of the request to the board of health in the municipality in which the rubble is proposed to be used. The request must contain sufficient information for the Department to evaluate the safety and appropriateness of the intended use. The information that may be required includes: a. a general description of the rubble; b. the type of rubble (i.e., asphalt, brick, or concrete); c. the size distribution of the pieces of rubble; d. the quantity of other material such as rebar attached to or mixed with the rubble; e. the amount (weight and/or volume) of rubble; f. the specific source of the rubble including a description of any substances that have come in contact with the rubble; DIVISION OF SOLID WASTE MANAGEMENT POLICY # 11 Jlzel lug,C�.z 'cxcG�e ©A& �(Jrttr�i S. Russell Sylva Commissioner D E40RANAM Division of 7b: RE.E's, EM's, Divi4 rs Sold Waste Fxa: L. James Mill irector, DSW I 1 Winter Street Date: August 14, 1987 Boston, MA 02108 L. James Miller Subject: Policy on the Disposal of Woodwastes Director Numerous requests have been received for the Department's policy concerning the proper disposal of brush and stumps (woodwastes) generated from the clearing of land for agricultural purposes, development projects, and from town DPW operations. The following document outlines the proper process to be followed for brush and stump disposal. W;U64;14—M;AkiQ& Pursuant to M.G.L. Chapter 111, section 150A any site which is to be used for the disposal of refuse must obtain a site assignment from the local board of health and approval from DEQE prior to operation. Brush and stumps disposed of at municipal or commercial landfills are defined as "bulky wastes" under 310 CMR 19.01(2). Their disposal is regulated under 310 CMR 19.17. However, municipalities and oommercial operators often do not allow the disposal of large quantities of brush and/or stumps at approved solid waste landfills. Landfill operators are reluctant to accept large quantities of woodwastes because they are difficult to handle and they reduce the capacity of landfills for refuse disposal. Most communities do not have dedicated municipal brush arra stump landfills or the facilities to handle and chip stumps. Stumps arra unchipped woodwastes are not acceptable fuels at resource recovery incinerators because they may plug the feed shutes or ash chutes, or, in the case of stumps, be inompletely burned as they roll down incinerator grates. Therefore, proper disposal of woodwastes may pose a serious problem for the generator of the woodwaste. Brush and stumps may be disposed of in sufficient quantities that they may potentially cause environmental problems. Brush and stump piles pose a threat of fire and therefore air pollution. Pursuant to 310 CKR 7.07, the open burning section of the Air Pollution Control Regulations, "No person shall cause, suffer, allow or permit the open burning of any combustible material." Brush and stunps buried on the site of a development project may cause land subsidenoe when the organic material decomposes arra settles, particularly if Y ♦. POLICY 1. M.G.L. Chapter 111, section 150A defines a "facility" as "a sanitary landfill ... a refuse omposting plant, a residual waste storage or treatment plant, (or) a dumping ground for refuse or other works for treating or disposing of refuse". 2. Woodwaste disposal facilities are considered a subset of "sanitary lardfills" as defined in 310 CMR 19.01(14). Such facilities will accept only woodwastes as defined above, arra for the purpose of clarifying 310 CKR 19.01(14) are further defined through this policy as: a. Any disposal area in which woodwastes from one or more other sites, whether within the same municipality or from other municipalities, are transported to the disposal area (herein termed an off-site disposal area); or, b. Any disposal area located at the site of woodwaste generation accepting only woodwastes generated frran that particular land -clearing operation (herein termed an on-site disposal area) ; or C. Any off-site or on-site woodwaste disposal facility, as defined herein, at which woodwastes are to be landfilled and exhumed for use as oamq:)ost after a period of time. 3. Storage facilities for wood products such as lumber yards where the wood is intended to be used as lumber, firewood, or wood chips, do not constitute disposal facilities .or residual waste storage or treatment facilities pursuant to C.111, s.150A provided such storage facilities do not function as refuse transfer stations pursuant to 310 CMR 18.01(12) or as either an open dump or a sanitary landfill pursuant to 310 CMR 19.01(8) and (14). A site used for speculative accumulation when no market for such wood products can be demonstrated to exist, shall be deemed a woodwaste disposal facility as defined in Paragraph 2. because it is serving as a de facto final disposal location. Such a site must therefore satisfy the Provisions of Paragraphs 4. and 5. 4. All woodwaste disposal facilities as defined in Paragraph 2a. - 2c. shall be subject to the requirements of Chapter 111, section 150A, which requires a site assignment by the local Board of Health and plan approval by the Department prior to operation as a woodwaste disposal facility. 5. Woodwaste materials differ substantially from other types of solid wastes in that they may be completely deocsposed and may generate less harmful leachate. For these reasons woodwaste disposal sites with a volume of less than 200 cubic yards are not required to submit plans to the Department, exoept as determined by Paragraph 9. However, any woodwaste disposal area, regardless of size, must not pose a threat to air quality pursuant to 310 CMR 7.07. Also, this provision does not imply that many small (less than 200 cubic This policy is itself subject to C.111, s.150A and 310 CMR 19.00. In the case that any conflict should arise between applicable statutes and regulations and this policy, the applicable statute or regulation shall take precedence. This policy is considered tenporary until such time as new regulations are promulgated. The Department intends to put such regulations into place soon, at which time the new regulations shall replace this policy. Regular Meeting May 6, 1985 Meeting convened at 6:30. Mr. Scanlon absent because of picket line by town clerical workers in front of building. Minutes of previous meeting approved. Current bills approved and signed. MASSAGE LICENSE:Application for massage license received from Ugo J. Liberti, Jr., Tewksbury. Stated he would be working on an outcall basis from physicians at home visits. Board voted to issue massage license limited to outcall visits only and not for any use in a massage parlor or other business establishment offering personal services. Mr. Liberti said he would not be advertising. AVERKA PROPERTY: Dumping at Averka Property, Abbot St was discussed. Property was viewed by Mr. Osgood and Mr. Graf. Burning had taken place and things were much improved. Treek trunk pieces were left on roadside. Mrs. Joyce instructed to call Averka family to find out what they intended to do about these pieces. MOSQUITO SPRAYING: Letter received from Tree Warden Lafond stiiting that he did not have proper equipment for mosquito spraying and that such spraying had not been effective in the past. Dr. Atwood informed Board that he had contacted the horse owners in town and was advising all to have their horses immunized for equine encephalitis. He feels this would cover the problem. ABC BUS COMPANY:Complaint received that septic system was overflowing Mr. Graf inspected property and could find no evidence, but it was raining hard at the time. Property to be watched. Mr. Osgood feels that they should be advised to use portable facilities until they are moved which is supposed to take place by 7/1/85 RIMBACH REPORTS: Mr. Osgood suggested that Mr. Rimbach attend the next Board meeting to discuss his work program. He feels that closer supervision should be given to semi-public pools and that this Board should re -assume water testing. He also feels that a study should be made of restaurant inspections and that perhaps Mr. Rimbach's time should be allocated to the trouble spots each month and the well run restaurants done on a lesser basis. Board voted to have Mr. Rimbach at next meeting. RUBBISH REPORT:Mr. Graf reported the lots on Farnum & Johnson Sts while he found in rubbish indicate it belonged Board voted to file report for future Meeting adjourned at 7:30 P.M. finding of rubbish was percing lots. to Fragala Family, reference. on Papers Johnson St. ;; S,1J76 Dear Sir;' I have the follov,�inE complaints again: -t. Jay Bur r:e, the de1r- e.lorer of tine land that abutts my land on Abbott anti Rea Gtreets. First of all, he has n_sdo a i itch vuhich is drainln,- .,.uAer fr'or! his lane: onto my land . Ho is e -m.- tying the water from about 7 ponds onto my land. lie has also knocked the stone tall cis his la__.. and On -mv land down_ in ordev to do further er fac'-11t`_•tte t�re emptyir_E O`' H at en onto my land. The ditchin,; and brea.�:ing do-;.;,. of ;ally, has Caused th1 wat'Er tc riin ii;:_- :: rive-., or't0 my :.moi, -d. In ad.-Iition,, he ha, made t1ne road between this land and my lard v:,et b:y doing this,. This v;ate., is st-ionant and I feel thPt it is u health hazard. becalls:. it vro,zld to infest;: ,rith rriosgc.zitos d,_zring the Spring,.S1xmri er and. Fall. He has also -,laced a bio pile. of dirt and a tree that he isr c -at dc,Nn. in the ..:iddle of the road mairina the road imrassiols « He :ids Ci t; Ao[Sn tv ::3 near o,.zr stone ,nl tnrov:r_ ti- b_'�+nci-:es or, o'::- side of thc; wall. 1acs_t,he has mads; _JiE holes on hi:, land. In these holes,.he has throv,.,n stumps which lie is going to ty,zry. This is illegal because he is going to",build a house on materi.al that-vii7.1 fteca .. This grill cause thip, hous(; to sink down. He has boards anfT tr6.e roots in Uie septic tank holes. In some cases it is q,Aest.iona,le r ;:tether or not a septic t=nk is more than ten feet from the property lire o[ anot'_ier• house. I arc: s-_nding a. copy of this letter- to the Conservation Commission,. the Selectmen.,. the Board of Healt+.� and the Highway Surveyor., Photo- graphs will be fortis coming soon.. Yours truly., Julius Kai, M.D., Chairman R. George Caron Edward J. Scanlon Made by BOARD OF HEALTH NORTH ANDOVER MASSACHUSETTS 01845 COMPLAINT REPORT Date 5 �'- 7 y, ,LILA ♦Y EaORTy��� o .•••.....4,, i Y 32' coa�r� •�i�G A F• APRILTIV :b �,y. 1855 �'.• of 4 „9s•. i� • } SACHU`� ♦A ��• rrVt"� TEL. 682-6400 Address 9-3 /-1 � T ( �' �� C) 1/P,,f Tel Nature of complaint f t -s lot—err Location A M O T T-}-/� t/4 S F S f Occupant i A Y,6 UR HE _ Owner or Agent S /� Address S Referred to DO NOT WRITE BELM THIS LINE ?+L(,(pg . Date Investigated Result of investigation C-`ef-4YY1Y6, WPe*99 `m 62'r 112- A-PP&A�AnJcl�F 6f- Ln7s I Al 7)a 0 "Eye- . rV, Vc-14 F a F P CS 17fCs� IN f lSTS " �u Sf a (�� C� (A1 bvr, Aha LEVI DL -'CF a F 1UP-A" S'-vr►aP 1 5 f�ttc TA Ks E r� ° 4t-- (N pRepsyt 44-,F GiviAJ4 A-pPE)4-c4ur e� 'DRAI&M d' -td AVeYZtcs C.ApD. WA'c� Lw Q'S Recomendations 6 CSN C. OT alyS N 1Lb-DtTR 0M PL r4 fN� - M c N cS P iyHN FA- R C t�Nis L v 7zu N 4 Action taken 7 Z � Zd•� Q oe, Parc e I UJ co 10 Z z rn V ♦�, \� � ate,,,' ��` ♦�� Co S.F Jt D� 44.57s s 49�g8 s.f• a" 10 010 l3 ti� p�� ,' • DSS a `' gY' 150 "W O6v`P�1 ka f�\V,s'` yti° ,�o�y `CIV J-1 X07IV '�•> � /O� �t6. vim ti J10 }¢x44,424 I Z I t bQ0 W. R B ET H SINK J.r; � oto -3 1148-,6-140 In-, u'o ;9 Q e4 1LFNt��LtC1G LJ ll Ul < eOCouAAAS si Iz0i31n-M$o :tl7'7 3 4. ,yh° �•'-� ��F a 44,2D4 S.F. 0t. w t. 119 `flAvtD F. ISs 0� 2a1�s 1A 5F. S �U 5 _t95 gE S.f. s30� p' �St- Ip �uC L q�`l a =�s,.� GAQNa, 38`Z- 4�\��2ad• Pe. 63`2,6. 9.'Z Ac. N gORTM BOARD OF HEALTH p • 120 MAIN STREET TEL. 682-6483 NORTH ANDOVER, MASS. 01845 Ext. 32 Abbot Street landfill court case postponed A dispute over an alleged landfill on Abbot Street will have to wait awhile for its day in court. The landfill, located on the Averka property, has been a bone of contention for neighbors for years. Neighbors have complained that the land has been illegally filled with landscaping materials and building debris, as well as other materials. They also argued the Board of ealth failed to act quickly in the matter. - The case was scheduled to go to court Friday, but has been de- layed for a week, according to Health Administrator Allison Con - boy. Board. of Health member said the issue of whether or not the dumping actually constitutes a "landfill" under the law has yet to be determined. He thought the courts were the best place to have the matter settled. q L I > a) .moi C b4 .O O oC ASS cu y °= o m oox o a° to y ao:oE �o is o� R y z R m �o ov,.��. �3 = �v O.O (V ..CZ d w'•N Y c cn C•' > 1.0 O o C=_x >� o C,Qo�o��oocuC ys.�o L) O h Y a) C4 a) N > ~ CC CCL: �+ O CC t.' U CC i. O O ao 0440A�n cc 0— . bz a) YO CC cz.a i. O .0 O O C y U tti Eos Ea�a� C�v3�u�o^�u wog Ei u�nL-:�.o� 0PQ C U ':° dCo = 0V `dt, w�a) uo o ohCu C � o � -- Cu ❑ a) f.' p A cti .0-- ma>�oto U2m0 =c-oa'-aocn cz o��cCaG, o==ws.moa`)i nota co opom. CyE=mug7coo cu oW.0 a .o coz a cc 0^ a) V � ru a) y oV ctt ocC��Cis �ooC) m �O C � 3-0 O O O �w O cC� x �w 'O a)cu �o towa) �CZ o oO G cz y O r E a) o °iPa�U cc Otw cc=4,0� U Cy.O Y "c�ac¢aoa`oYCYs � 3COQ°0 co xcu cl Y � •r, v...w Y+ o0°cu aCi °o• 3 aC) YoC ocu o 0 oY N ocu d 41 q == s. � cz ti y CC C6 ii CCS co Y U y V] a)a)Ccu I (p,r,+O.> Ua)a y Cyt O> Y Pqcc ba)C�oo�o° =0Coa)os°.3 Q) W) u �.., a) � O U O W Y o! x 0�...C•C= n> UN y4)CN, � Vl �."' C -O U i U O O d:t� y v N s. p i. ;"a)ci o O Wco z�'� O s, C cqs O Q)w.� O i n — O '^ (D U) M 0 G a ♦///�� v) 'F--� � �." Ca L, Q C � � � O'c O O �+ a) „O a) �..' O a)�crn }� 7. Y O x D O 30 � Z ai iaY:70 3 n.Ei c ter. 0 CoCo > �.�p t p a)a) Z m L p GT+oF Abbot Continued from page 1 can feel. I'm glad it's going to court. We were at a loss exactly what to do." Because the Averkas did not think they were doing anything wrong and refused to remove the landfill, Osgood said the issue was forced to go to court. He thought the town might have acted faster, but added is- sues such as this "take time, and they should take time" be- cause he thought the situation was not clear-cut. When govern- ment is involved, "things tend to take longer than people BOARD OF HEALTH 120 MAIN STREET NORTH ANDOVER, MASS. 01845 Street controversy like." Osgood added the issue has become "highly charged" and "very emotional," and thought the courts were the best venue to arrive at a decision "that ev- eryone can abide by." Although some neighbors thought the Board of Health had taken too long to act deci- sively, others had praise for Conboy, and said her persis- tence helped push the town to act. . Conboy said the landfill con- tains mounds of landscaping materials such as grass and wood chippings, asphalt, rub- TEL. 682-6483 Ext. 32 ble, stumps, and other debris. It stands four to six feet high in some areas. Landfills such as this require a .permit from the Board of Health, she said. She said at some points the Averkas complied with the cease and desist orders by halt- ing the dumping, clearing off the top of the pile and removing offensive materials. elsewhere, but eventually the dumping would. start again despite the town's orders. The Averkas declined to comment on the matter, saying it was a private issue between neighbors. s V yards) woodwaste disposal sites should be located in an area where the combined envir= ental effects of these disposal sites would likely be additive. In the event that several small woodwaste disposal sites are located near each other on the same or contiguous pieces of property the Department may consider the entire area as one woodwaste disposal facility. 6. Woodwaste disposal facilities as defined in Paragraph 2. shall accept only woodwastes as defined above. However, this does not preclude municipal and commercial sanitary landfills from accepting brush and stems as "bulky wastes" pursuant to 310 Cldt 19.17. If municipal and commercial sanitary landfills accept woodwastes, they must do so in full compliance with 310 CIPt 19.03. 7. i-Yaz rope wo= aste arsposal sacilitles stmil m sutmitted in accordance with 310 Clot 19.03. Each woodwaste disposal project shall be reviewed on a case-by-case basis taking into account such factors as the size of the site, volume of material to be disposed, plans for covering the woodwastes, possible effects on local water supplies and resources, proposed future land use, potential for fire hazard, and potential to cause nuisance conditions. 8. The location of any assigned woodwaste disposal facility shall be registered with the local Hoard of Health and the Registry of Deeds pursuant to Chapter 111, section 150A (as amended by Chapter 232, section 2 of the Acts of 1982), and on all relevent property deeds so as to ensure that future property owners are aware that the site was used as a woodwaste disposal facility. 9. Any woodwaste disposal facility or facilities, regardless of size or location, which in the Departments or the local Hoard of Health's opinion could potentially produce adverse impacts on the public health, pose a possible danger to ground water or surface water supplies, cause major nuisance conditions, or be established as a continuing landfilling operation shall submit a complete and detailed plan of design and operation in accordance with 310 CMR 19.00 and related policies. Me woodwaste disposal policy is applicable to all large volume (greater than 200 cubic yards) generators of woodwastes because of the volumes of woodwastes produced, the potential for nuisance cmiditions to develop, and the necessity to carefully note the location of such disposal areas. This policy is not intended to cover woodwaste disposal by homeowners on their prapezy provided nuisance cmiditicns do not develop and the disposal site does not exceed 200 cubic yards in volume. 7he Department will review woodwaste disposal sites on a case-by-case basis and determine the level of applicability of this policy to those sites. the woodwastes are not well compacted. Such subsidence would jeopardize the structural integrity of any buildings or other structures built on the site or create potentially dangerous sink holes. If a woodwaste disposal area is sufficiently large, the potential exists for future contamination of groundwater sources from organic acids produced as the woodwastes de=q)ose. It is therefore important that woodwaste disposal sites be properly located arra operated. Disposal of woodwastes, particularly stuaps, in a properly sited and operated y landfill has been determined by the Department to be a viable method for woodwaste disposal. Woodwast:es disposed of in such a manner will not cause the environmental problem usually associated with the disposal of municipal or commercial refuse. The requirements for woodwaste landfill design may therefore be less stringent than those for municipal or co miercial tpfiaep rid c►��c�1 1 �.+rif; l 1 c, GS,n}, �, +ri�•raeto �i l #�t.i l i #i ems would be limited to accepting only woodwastes. No other type of refuse shall be accepted by woodwaste-only landfills. The Department enoonirages the chipping or composting of all woodwastes. 310 CMR 19.17(2) requires that all brush accepted at sanitary landfills be chipped within two weeks. Chipped woodwastes may be used for a variety of beneficial uses including mulch and as a bulking agent in the composting of sludges. The Department also encourages innovative t abnologies which result in use of brush and stumps to produce compost. For example, the Department has approved landfills at which brush and stumps are landfilled and exhumed after several years for use as compost produced as a product of natural decomposition of the buried woodwaste. such a landfilling operation utilizes woodwastes as a resource while minimizing the amount of land required for the landfill. The intent of this policy is to regulate the disposal of woodwastes which MY not be disposed of at established municipal or commercial landfills and which may, as a result, pose future env=mental or nuisance problems. It is not the intent of this policy to regulate small quantities of woodwastes generated by private citizens on their own property or from small land clearing operations such as may occur for agricultural purposes. The Department recognizes that the quantity of woodwastes generated from site to site may vary depending on the type of trees cut, the maturity of the trees, the density of the stand and other site-specific factors. These factors will be considered in reviewing plans for woodwaste disposal areas. *21ar..OMM •,►r.. For the purposes of this policy the following definition shall apply: Solid wastes consisting of trees, sbmW, brush, and leaves. This includes, but is not limited to sawdust, chips, shavings and bark, but does not include wood pieces or particles containing chemical preservatives such as creosote, pentachloxvphenol, paints, stains, or other coatings. DSWM Policy SWM -11-6/89 Date: 6/30/89 g. the specific proposed use including an identification and description of the location where the material is to be used and, if the rubble contains rebar, -a locus map which shows all water resources and drinking water supplies within a one-half mile radius; and h. any additional information requested by the Department. The Department suggests that a potential applicant contact the Solid Waste Section Chief in the appropriate DEQE regional office prior to submitting an application. Such a preliminary contact can be used to discuss the reasonableness of the proposal and the information that should be included in the application. In making its determination, the Department shall consider whether the proposal is environmentally sound and whether the proposal is a legitimate construction project. The Department shall also withhold any determination for at least ten (10) days to allow the board of health to make comments. The Department will issue a written determination to the applicant. The Department will also transmit a copy of the determination to the board of health in the municipality in which the ABC rubble will be used. The applicant must have the written .:.determination before proceeding. The 'applicant: must comply with all conditions imposed by the Department. -The Department reserves the right to suspend or revoke its determination if any of the conditions are violated. Willa Small Ruh, Acting Director, Division of Solid Waste Management f-�?/)/ (date) 7 f a i DSWM Policy SWM -11-6/89 Date: 6/30/89 c. The rubble is processed so the maximum length of the largest dimension of any piece of rubble is less than six (6) inches. . d. All rebar is removed in the process and the rebar is recycled, put to some other beneficial use, or disposed in an approved facility. e. There is no speculative accumulation of the ABC rubble (prior to or after crushing) or of any rebar removed in the processing. For purposes of this policy, speculative .;accumulation means accumulating rubble material with no :demonstrable practical means of beneficially using the accumulated rubble over a reasonable period of time. One indication that speculative accumulation is occurring is that less than seventy five (75) percent of the rubble accepted at a facility during any four (4) month period is actually beneficially used during that period. The Department reserves the right to use its discretion in :determining whether speculative accumulation is occurring. f. Accurate records are maintained that are adequate for the Department to determine whether speculative accumulation is __;:occurring. .(Such records should include information such as: the amount of rubble (processed and unprocessed) on site, the date and quantity of all shipments of (processed and unprocessed) rubble on to and off of the site, and the quantity of any rubble actually used on site.) and g. The owner or operator of the facility where the rubble is processed (crushed) has notified the Department (Solid Waste ;.!Section Chief in the appropriate DEQE regional office) and _:::the local board of health prior to the commencement of operations at the facility. The Department reserves the right to suspend or revoke this categoric determination of beneficial use at any specific facility if any of these conditions are violated. Such a suspension or revocation may result in the Department requiring the facility to comply with the requirements of M.G.L. Chapter 111 Section 150A. Exemption from site assignment in no way lessens or removes the obligation to obtain required permits from other Federal, State, or local agencies or from other divisions within the Department such as the Division of Air Quality Control, the Division of Water Pollution Control, and the Division of Wetlands and Waterways. FA »^ '3 DSWH Policy SWM -11-6/89 Date: 6/30/89 Asphalt, Rubble n Rubble) contains Only asphaltrubble, brick rubble, or concrete rubble. No other _materials may be attached to or mixed with the rubble. The ;rubble may not be coated or impregnated with any substance. Asphalt rubble contains only weathered (cured) asphalt. A source of asphalt rubble is pavement excavation work. Brick rubble contains only clay bricks and attached mortar normally used in construction. Concrete rubble contains only concrete. The primary source of concrete rubble is the demolition, repair, and excavation of pavement, bridges, and foundations. Concrete rubble may contain rebar that is attached to or incorporated in the concrete. Rebar means the metal bars or mesh used to reinforce concrete. ZII. POLICY This policy applies to two types of alternative uses of ABC rubble. Part A of the policy deals with crushing facilities that process ABC rubble. Part B covers the one time use of ABC rubble .as a substitute for conventional materials. .ABC rubble that is not classified as a solid waste as the result of a determination under either part of this policy is still subject to all other applicable laws and regulations (e.g., wetlands protection and air pollution control). PART A. ABC RUBBLE USED AT CRUSHING FACILITIES Certain crushing facilities that process ABC rubble may qualify for exemption from site assignment as solid waste facilities. ABC rubble processed in these facilities will not be classified as a solid waste. The conditions and procedures for obtaining such exemptions are described in this part of the policy. Section 16.05(2)(i) of the Site Assignment regulations ("Site Assignment Regulations for Solid Waste Facilities, 310 CMR 16.00) provides for the exemption from site assignment of industrial and manufacturing operations or classes of industrial and manufacturing operations that process or store only recyclable materials subject to a prior written Department determination of beneficial use. In addition, according to part (k) of the �3 X DanielCommonwea" Commissiorper Division of. Solid Waste4" " M `"' " OSWIS Policy SWM -11-6/89 Management Date: 6/30/89 1 Winter Street Boston, MA:,021011 INTERIM POLICY 7 ALTERNATIVE USES OF ASPHALT, BRICK AND CONCRETE RUBBLE L. James Miller Director NOTE ON THE "INTERIM" NATURE OF THIS POLICY --• 7<This policy is issued on an interim basis pending .:_'.anticipated changes in regulations that will incorporate provisions of this policy and/or change the -regulatory framework under which this policy operates. "'When the anticipated regulatory changes have been made, :--this policy will be issued as a "final" policy, if all Wiz -.::T- the provisions of the policy are not covered by the changed regulations. We expect the substantive provisions of this interim Policy to remain unchanged. The only change will be that the provisions will be covered by regulatioris and, if needed, by a final version of this policy. I. INTRODUCTION -' ";The Department of Environmental Quality Engineering (Department) encourages the reuse and recycling of materials that normally would be classified and managed as "solid waste." The adoption of such alternative uses conserves materials and preserves disposal capacity. , Under many conditions, asphalt, brick and concrete rubble (ABC rubble) can be used safely as substitutes for other materials. When the Department determines that such a use is environmentally sound, the rubble may not be classified and regulated as a solid waste. 1 100% Recycled Paper j,Ak, Nj �tqA J' �..�• � __ _ ,ri. .moi `. _ "� } t .. _,�, ....! � ��L�� -"�`. ���=.+rr��r--��e� a ..Z_�3'�S' y�� f - ' � �f tri+ ` ^"F' . � XY �� •-.. �,J{' TTS +, . �' �.��'--- �-'" ,i"�w - • �..: s`, - �*-;:,,1� ,w�a`'-ter f� - .s_,r^-r►._�" a .s'i;` ����.� _ a"*"Y"Tk" ..3 *`.�.i+^ .�GyS�'.. f,..s�.rr•fi� r:ai __ �-,�,-"'`�._ �..-�"m'h: _. ..`--� � _r,=�.^. ,.�- "rte -.. bf J 4,. L- . Not (A vt 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 SIMMONS Environmental Services, Inc. n. �'►IMMONS _ _ FILE COPY �ncimnmental Scn•iccs. Inc. f �I SUBSURFACE INVESTIGATION AT: u AVERKA PROPERTY �j 383 ABBOTT STREET u NORTH ANDOVER, MASSACHUSETTS PREPARED BY: u SIMMONS ENVIRONMENTAL SERVICES. INC. 25 KENOZA AVENUE HAVERHILL, MASSACHUSETTS 018'-30 V MARCH. 1993 PROJECT NUMBER Ell 9212197A E iJ (-? - ESIMMONS Environmemal Scn9co. Inc. Tab -1 e. of Contents 1.0 Executive Summary 2.0 Background C3.0 Test Pit Placement Figure 1 Site Locus Figure 2 - Site Location C Test Pit Field Logs Photographs C 4.0 Discussion of Results 4.1 Volatile Organic Compounds 4.2 Total Petroleum Hydrocarbons C 4.3 Total Metals 4.4 Physical Inspection of Test Pits 5.0 Conclusions E, 6.0 Recommendations C7.0 References Analytical Data Section Appendix I - MDEP Jar Headspace Procedure C C a a n } SIMMONS IwironmM21 Sen ices. Inc. - 1. �i L - n c t h n I C Lj T n I f r g P u s Lj w �I c u t f s 0 u o -E s t u E u n p L E F 0 EXECUTIVE SUMMARY Simmons Env-ironmental -Ser.vices, Inc. (SIMMONS) has onducted a limited subsurface.exp4oration at a portion of e property owned by Mrs. Faye Averka. This property is cated at 383 Abbott Street, North Andover. Massachusetts. he purpose of the exploration was to determine the nature of ill materials from offsite sources to bring the property to rade with Abbott Street. The site activities involved placement of five test its each advanced to depths where native topsoils and ubsoils were encountered. Four individual sample composites ere collected from each test pit. Individual sets of these omposites were analyzed for volatile organic compounds, otal petroleum hydrocarbons and heavy metals. The fourth et of these composite samples was given to representatives f the Town of North Andover who observed the test pits. Analysis of the soil samples indicated no volatile rganic compounds with the exception of Test Pit #1. A ingle volatile organic compound, toluene was reported in his sample at a concentration of 200 parts per billion. Analyses of the sample composites by gas chromatography sing a flame ionization detector did not indicate the resence of petroleum hydrocarbons. T-1 gMMONS - -_ r,ncimcnmentai Scrcicn. en- 1 j _ LA _n Results o_f-metals-analyses-indicated concentrations well ` within naturally occurring background levels and less than -u C C C C C the "reportable concentrations limits as proposed by the Massachusetts Department of Environmental Protection in its proposed revision of the Massachusetts Contingency Plan' (MCP 310 CMR 40..000). Based upon the fill materials observed. the source(s) of fill as described by the property owner and the analytical results, it is SIMMONS opinion that the property poses minimal environmental risk. 2.0 BACKGROUND The Averka property on Abbott Street, North Andover has been the subject of substantial neighborhood concern focused through the municipal Board of Health. The concerns involved alleged disposal of solid waste possibly contaminated by oil and/or hazardous materials. These concerns culminated in an administrative order issued in May of 19922 and a Complaint filed in District Court in August of 19923. In early December of 1992, a site meeting was held with various parties to the proceeding being present. These included Mrs. Faye Averka (property owner), Joseph Averka (Mrs. Averka's son), Thomas Caffrey, Esquire (legal counsel to the Averka's), Fred Ramey of Ramey Construction, Inc., and ... ......... .-___.._ . ..._.._......... ... ............ .:......... ........... __.. __..........._......_......., . 171 u' - - SIMMONS =- q EncironmcntalSmico.lnc. Allison Conboy (Agentfor. the Baard.o.f Health,. Town of North L+ Andover)- and William A: Simmoris. of SIMMONS. The purpose of the meeting was to discuss a_possible scope of work involving I _ u placement of exploratory -test -pits on the property and Lcollection/analyses of soilsamples. The purpose of these proposed activities was to determine if oil and/or hazardous iii materials were present via chemical analyses of sample~. A specific written proposal based upon this site meeting was developed and sent to Mrs. Averka through her counsel. EAfter her review and acceptance, a copy of the proposal was sent to Ms. Conboy at the North Andover Board of Health for Ccomment and acceptance prior to initiation of any field work. COn January 7, 1993, Ms. Conboy indicated her written acceptance of the proposed scope of work provided that a Cstatement was included regarding risk 4. Because of scheduling conflicts with SIMMONS, and Cpersonnel from the Town of North Andover, actual site work CI did not take place until February 4, 1993. The balance of this report will focus on test pit excavation activity and Ediscussion of results of chemical analyses of samples Ccollected. i El U OWNS F.ncironrnmal �cr, ico. Inc. 3 S E b CS 0 C r F E E a E n u C. ri Lj C L n u 0 PLACEMENT OF TEST PITS On February 3, 1993, a rough sketch was developed by IMMONS showing the appropriate location of five test pits to e developed on site at the Averka Property. 383 Abbott treet, forth Andover, MA. This sketch was transmitted to Ms. onboy by facsimile machines. In the absence of any esponse, SIMMvijiS proceeded with the test pit installation on ebruary 4, 1993. The foiiowind fi-gures provide a Site Locus (Figure 1) nd a Site Pian of the placement of the test pits (Figure 2). 0 0 0 0 n J n u n 0 0 n �nn N u "n LA i n V 1 , u M u n n' l...J n L i n Li Fl I Li I t"1 SIMMONS • - - � �-.'� �\�� �,,; oy� r 'i � off., - �. urse sch 0 - •J GRE r o ' 48.6 i Nort Ando er ) 0 sem. Center I �\ -¢`DALE_. 1- a _ / Town Farm - it F� �r�y=-SITE - LOCUS �. i ( ' ' i s6,5 I - �•• z dos • - \.`�_, ' .`9040-- - - t_ -� o ^• 5,x..0 ST• �, l I • > �- -�; � � -+". � gill •c _ ypl�l FIGURE 1 SITE LOCATION `ABBOTT --.S T FXOAFM NORTH ANr->OVEf2, MA SCALE: 1 "=2100' PROJECT #: 9212197 SITE PLAN of ,tVERKA PROPERTY sttiowino AREA OF FILL a n d :ST PIT LOCATIONS by SIMIIAONS. NVJ;FQ1yMF-=M rAL NA Hfl1 `NtAE-01830 508_521-3333 FEBRUARY 1993 PROJECT #: 9212197 n SIMMONS tincirunmctiml Sen'i(cs. Inc. - 4.0 DISCUSSION OF RESULTS 4.1 Volatile Organic Compounds (VOC)- `J The original work scope contained.within the December M, 10, 1992 proposal had called for analysis of volatile organic compounds only in those instances where jar headspace screening results had indicated concentrations greater than 10 parts per million (ppm). In light of concern surrounding this property and perception of sludge and petroleum fuels' having been disposed at this property, the work scope was modified to include volatile analysis of each test pit by EPA Method 8240. This method is based upon a gas M chromatographic/mass spectrometric detection principle. The method measures thirty-three (33) individual volatile organic Ecompounds at sensitivities as low as 1 part per billion. All field samples to be tested for volatile organic Ecompounds were collected in 40 milliliter Borosilicate glass n vial prefitted with a teflon septa. The samples were placed w on ice after collection and stored under refrigeration until released to the subcontract laboratory representative on 2/5/93. A chain of custody and the raw analytical data are provided within the Analytical Data Section of this report. n Of the five composite samples, no volatile organic compounds were detected with the exception of Test Pit a#1, n - I V S,— E�IMWNS Environmcnm1kn•iccs, Inc. - - .Sample S-2. This sample exhibited a concentration of toluene _ a -t 200 parts per billion. After a telephone conversation wi.th the Director of the subcontract analytical firms' organic laboratory, a second alliquot of this sample was also analyzed'. This second analyses confirmed the presence of toluene. Toluene is a very common aromatic (ring structure) volatile. It is the 271L -.h highest volume produced chemical in the United States$. It has numerous uses ranging from a fuel blending stock to medicines, dyes and perfumes. There are no quantitative standards for allowable limits li toluene in soil within either federal or state environmental regulations. Groundwater and public drinking water quality Estandards for toluene are 2000 parts per billions. MDEP has proposed a notification concentration of 10 parts per billion for soil containing this volatile organic Ecompound". The reportable concentration does not in and of its self mean that remedial work is necessary or may be l� required. EIn SIMMONS opinion. the presence of this volatile probably is the result of a herbicide application as the Cmaterials encountered were predominantly wood chips and grass cuttings where a solvent based weed control chemical may have C f �r'`SI--MMONS = f ncinmmenralScn•iccs.lnc. JJ been applied. When toluene is found in_pe_troleum fuels, it is usually present along with three other characteristic volatiles i.e. benzene, ethylbenzene and -.xylenes. None of these were observed in this sample. Given the grossly different composition of fill materials in TP#1. i.e. grass Cclippings/wood chips, the absence of other characteristic petroleum volatiles lends credence to the speculation concerning the source of this isolated volatile organic compound. 4.2 Total Petroleum Hydrocarbons A composite sample of the fill materials in each test pit was analyzed by EPA Method 418.1. This method employs Cfreon extraction followed by treatment with silica gel and finally measurement of light (infrared) absorption according to Beers Law. The method is non specific as any carbon to carbon bonds which absorb infrared energy result in a positive response. The results of the analyses are summarized as follows: Test Pit mg/Kg (ppm) CTP #1 260 TP #2 38 TP #3 710 TP #4 760 TP #5 22 C ��IMMONS rinmmrntal Scn•iccs. Inc. r E C n L MDEP policy.conc.erning reuse of soil. containing total - petroleum hydrocarbons indicates that a range of 100-300.ppm may be considered depending upon site characteristics, i.e. the lower concentrations being applicable in areas of heightened environmental concern and residential settings while the upper bound would be applicable in commercial and industrialized areas'"'. The measurement of total petroleum hydrocarbons is a non specific measurement as discussed above. In order to determine if the affected soils present an environmental threat. industry standard operating procedure and MDEP guidance is to provide further data by use of gas chromatographic/flame ionization detector analysis or GC/FID fingerprinting which identifies specific petroleum sources13 All soil samples from this project exhibiting concentrations of total petroleum hydrocarbons greater than ;00 ppm were further analyzed using ASTM D-3328-78 as recommended in MDEP's guidance for the Investigation Assessment and Remediation of Petroleum Releases, Policy WSC-401-91.' The results of these analyses which follow indicate that none of the samples contained petroleum hydrocarbons identified within the methodology. These include Diesel, #2 fuel oil, #4 fuel oil, #6 fuel oil, gasoline, jet fuel, C ' CSIMMONS F m irannumal >cn icc5 Inc. . paint thinner, turpentine kerosene, lubricating oil, p and Cpetroleum naptha. C C C C C C I C C �IC C C C Matrix Analytical, Inc. 106 South Street F I N A L R E P O R T Hopkinton, MA 01748 H 1800 3 -MATRIX _ _ 'ti ak, - Client Information TIC Account: Simmons Environmental Services Project Name: Averka (9212197) (2-5-93) -Address: - 25 Kenoza Avenue Project Number. 9212197 Haverhill, MA 01830 Project Manager. BSimmons Sampler Name: Simmons Environmental Serv. Sample Information .6 1+000 Lab ID: 30360873-007 Date Sampled: 02/04/93 10:00 Client Id: TP -3, S-1 Date Received: 02/05/93 : 0 Matruc Soil Date Reported: 02/22/93 HYDROCARBON ANALYSIS Total Petroleum Hydrocarbon (IR) Fingerprint Results Chromatogram File Carbon Range Carbon Range Comments: 710 mg/kg 20 9073 ja The chromatograph is not indicative of the petroleum hydrocarbon products identified by this method. GC -FID fingerprint procedure provides for the characterization of the following hydrocarbons: (1) Diesel/#2 Fuel oil (2) #4 Fuel oil (3) #6 Fuel oil (4) Gasoline (5) Jet Fuel (6) Kerosene (7) Lubricating oil (8) Paint thinner (9) Turpentine (10) Petroleum Naphtha 259OZ Not applicable. Not applicable. Not applicable. D 3328-78 ss F1:t .e:90Z i.J su. "eM TIC 2000OM .o 16v^COC -4:C 36000 .6 1+000 3.2 i_coo 2.s 807001 2.0 60001 ]i +000^1 �1.2 .9 �y 12 16 4 2044 2S 12 26 +0 �+ +8 02/08/93 02/17/93 Page 1 Matrix Analytical, Inc. 106 South Street F I N A L R E. P O R T Hopkinton, MA 01748 1800 3 -MATRIX - CClient Information Account: Simmons Environmental Services Project Name: Aveda (9212197) (2-5-93) Address: 25 Kenoza Avenue Project.Number. 9212197 �+ Haverhill, MA 01830 Project Manager. B.Simmons ' Sampler Name: Simmons Environmental Serv. CSample Information n Lab ID: 30360873-010 Date Sampled: 02/04/93 10:30 L, Client Id: TP -i, S-1 Date Received: 02/05/93 : 0 Matrix: Soil Date Reported: 02/22/93 De[ection Method Date No` Analyst Analysed Analytical Parameter Result - Untt Lmtt HYDROCARBON ANALYSIS n Total Petroleum Hydrocarbon (IR) 750 mg/kg 20 9073 ja 02/10/93 LFingerprint Results The chromatograph is not indicative of the petroleum hydrocarbon products identified by this method. GC -FID fingerprint procedure provides for the characterization of the following hydrocarbons: (1) Diesel/#2 Fuel oil (2) #4 Fuel oil (3) #6 Fuel oil (4) Gasoline (5) Jet Fuel (6) Kerosene (7) Lubricating oil (8) Paint thinner n (9) Turpentine (10) Petroleum Naphtha LChromatogram File 2591Z D 3328-78 ss 02/17/93 C Carbon Range Not applicable. Carbon Range Not applicable. CComments: Not applicable. avo54 a-. �w r=os ae ria ... .:•O:N -2000: t _., ♦xu. _ TIC Fy.3 a.al ! 1600cv+ 14000. 3.0 3.2 120000.2 100000, 8000 , 8 2.4 2.0 a 000 _ l 1.6 1.2 i y 4000 C 2000 _� 3 .4 Eo.0 Page I i2 Si 20 24 iS 32 .6 40 47-r- 4.8 SIMMONS Environmental Services. Inc t - `r7 L� r r I Lj L Upon review of .this information,__ -the laboratory director. Mr. Robert Curtain, was contacted and a discussion regarding the most likely source of interference as reported in the results from Method 418.1 took place14. Based upon the review of the chromatograms, Mr.. Curtain indicated that the most likely source of carbon containing substances in this soil would be weathered asphalt material. His opinion was based upon the exceptionally high carbon numbers and very late eluding times as indicated within the chromatograms. Therefore, the soils do not contain characteristic petroleum hydrocarbons which would require management under WSC-89-001 or 310 CMR 30.000. 4.3 Heavy Metals Consistent with the originally proposed work scope, a composite soil sample of the fill materials in each test pit was collected. These samples were analyzed by various EPA methods (principally atomic adsorption) at the subcontract analytical laboratory. The following table presents these results and compares them to two reference sources: the first, Naturally Occurring Metals Concentration, published by U.S.G.S. for the Eastern Range in 198435; and the second, Recommended Concentration For Notification as contained within the revision to 310 CMR 40.37416 as proposed by MDEP C r� IMMONS 'n%ironmental Services, Inc. - #1-5 advanced on February 4 1993 using a C C C C r C C r .r W n L Test Pits were John. Deer Model 710 Backhoe. All test pits -were advanced under the direction .of a-staffgeologist from SIMMONS. I -n each case the excavation was continued until natural subsoils were observed. Each test pit was approximately 1- 1/2 to 2 feet wide and extended 5-6 feet deep. Groundwater was not encountered in any of the test pits. In general, fill materials were encountered in the five test pits to depths ranging from 17" (test pit =2) to 44" (test pit T5). Fill materials encountered in Test Pi ;=1 consisted principally of wood chips, grass clippings and a thin lens of clayey gravel. This particular pit was odiferous because of decaying organic matter i.e. grass clippings and wood chips. Test Pit #2 had the shallowest depth of fill at 17". Similar to Test Pit #1, a clayey gravel fill layer extended to 17" and was underlain by natural topsoil at 17"-27" with virgin subsoil encountered at 27". Test Pit #3 was placed in the approximate geographic center of the filled area. Fill materials were encountered to a depth of 32" followed by natural topsoil between 32"- 40" and natural subsoil from 40" until the terminus of the excavation at 72". A similar clayey fill was noted as well �J C - SIMMONS F.nvironmrnnl tion ices. Inc. I n a A n C m i E o 2' a C c C t T e 0 C d C 1 u C w C m C s a material character-ly described as "blue clay". dditionally, brush and branches were noted. Test Pit #4 was placed -to the East of Test Pit #3 also ear the approximate center -of the filled area. Similar fill aterials were encountered to a depth of 36". In this nstance. small pieces of brick and some concrete were also bserved. Sizes of brick pieces were approximately X 2" X 1.5". Occasional pieces of concrete were ob_�e vs_d pproximately 8" X 6" X 6". The majority of the brick and oncrete pieces were small. Test Pit #5 was placed to the South of Test #4 an;. was he closest of the five pits to Abbott Street. Similar to est Pit #4, fill material extended to a depth of 44" and was ssentially the same as the conditions described in Test Pit 4 including small pieces of brick and concrete with ccasionaliy larger pieces of concrete. The following Test Pit Logs provide a detailed eseription of the field activities. Additionally, a headspace" concentration is also provided for each sample nterval. Headspace measurement is a field screening tool sed to determine the presence of volatile organic compounds hick may be adhered to soil. The data produced from this ethod, semi -quantitative at best, is not a direct ES �,M_ MONS Envimnmen[al Services. Inc. - measurement but is..a good indicator of petroleum fuel Ccontamination. A full discussion -of -the method as published by the Massachusetts Department of Environmental Protection C(MDEP), is.contained within Appendix I. E. r E u E E E E E E E C C C 0 u 0 0 0 C1 C C 0 0 n J n 0 TEST PIT FIELD LOG ,IMMONS = ne,ronml ntal Scrcim. Inc. +---------------------+--=---------------------+------------+ :SIMMONS ENVIRONMENTAL; Project ;SERVICES, INC. Name: Averka A Test ;25 Kenoza-Avenue ; Location: Abbott --Street Pit#: TP -1 ;Haverhill, MA 01830 - North Andover, MA; ;508-521-3333 ; Proj.#: 9212197 - :Date: 2/4/93; +---------------------+--=-------+-------------+------------+ �n :SIMMONS Geologist:Stephan-Landry; Contractor: Ramey Const. ; ;Others: W.Simmons, G.Osgood,. ; Operator: Fred Ramey Jr. ; �+ ; R.Doucette, K.Bradley 1 Weather: Sunny, 25 deg. +-----+--------+-----------------+---------------+----------+ C :DEPTH: SAMPLE ; SOIL DESCRIPTION ; OVA ;(ft .); # ; (ppm) + -0'--+--------+---------------------------------+----------+ C ; ; ; 0"-3" Fill -Wood Chips ; +-1'- S-1 ; 3"-7" Fill -Gray Silt,Traces 1 Clay,Sand & Gravel ; n +-2'--; S-2 ; 7"-42" Fill -Grass Clippings ; 1 L1 1 1 i I +-3'--; 42..-48"Topsoil ' - - +-5'--; ; 48"-72"Subsoil C I 1 5 1 1 +-7'--; C -1 1 1 1 1 1 1 1 1 1 1 +-----+--------+---------------------------------+----------+ C ;Soil Amounts ; NOTES: No Groundwater Encountered ;Trace 0-10% ; ;Little 10-20% ; ;Some 20-35% ; C ;And 35-50% ; +------=-------+-------------------------------------------+ C F1 L TEST PIT FIELD LOG -SIMMONS - F.m ironmcmal Services, Inc. _ SIMMONS ENVIRONMENTAL; - PROJECT J ;.SERVICES, INC. Name:`Averka Test ; ;-25 Kenoza Avenue Location: Abbott Streea;.Pit#: TP -2 ; :Haverhill, MA 01830 ; North Andover. MA, ; ;508-521-3333 Proj..#: 9212197 -. :;_ ; Date:2/4/93; +---------------------+----------+------------=+------------+ :SIMMONS Geologist: S. Landry, ; Contractor: Ramev Const. ; :Others: W. Simmons. G. Osgood, ; Operator: Fred Ramey. Jr.; R. Doucette. K. Bradley ; Weather: Sunny, 25 de,. ; +-----+--------+-----------------+---------------+----------+ ;Depth; SAMPLE ; SOIL DESCRIPTION ; OVA ; ;(ft.); # ; ; (ppm) ; +-0'--+--------+---------------------------------+----------+ S-1 ; 0"-17" Fill -Gray Silt,Traces ; 0 ; 'j C1ay,Sand & Gravel 17"-27" Topsoil 27"-48" Subsoil r7 -- , n M , L -14 n+-----+--------+---------------------------------+----------+ ;Soil Amounts ; NOTES: No Groundwater Encountered Trace 0-10% Little 10-20% ; ;Some 20-35% +-� :And 35-50% +--------------+-------------------------------------------+ n ARVIN n - TEST PIT FIELD LOG i-' SIMMONS - - ,- Environmental Services. Inc. - -- _ n - + --- — — --- — — — — — — — — — — — — --- -- — — — -- --- — -- — — — — — -- — — + — — — — -- — — — — — — + �SIMMONS ENVIRONMENTAL_; PROJECT. ;.SERVICES, INC. Name: Averka- : Test r7 125 Kenoza Avenue Location: Abbott Street; Pit#: TP -3 'Haverhill, MA 01830. North Andover, MA _ 4.508-521-3333 Proj.#: 9212197 Date:2/4/93; h+---------------------+----------+-------------+------------+ .SIMMONS Geologist: S. Landry Contractor: Ramey Const. `J ;Others: W. Simmons. G. -Osgood, Operator: Fred Ramey, Jr.' n R Doucette. K. Bradley Weather: Sunny. 25 de._ +-----+--------+-----------------+---------------+----- --+ ;Depth: SAMPLE SOIL DESCRIPTION OVA :(ft.): # (ppm) ----- S-1 0"-32" Fill -Gray Silt,Some Blue: 2 +-1'--; C1ay,Little Mulch,Traces: n Sand & Gravel ' t t ' 32"-40" Topsoil n ; ; 40"-72" Subsoil L r t t t h +-5'--` +-7'--' F1 L r t +-----+--------+---------------------------------+----------+ ;Soil Amounts NOTES: No Groundwater Encountered ;Trace 0-10% ; Little 10-20% ;Some 20-35% ;And 35-50% ; n+--------------+------------------__=-----------------------+ L n n -TEST PIT FIELD LOG SIMMONS- Environmental Scrvices. Inc. f _ U- --- — — — — — --- — — — — — — — — — — + — -- — — — — — — — — — — -- -- — — -- — — — +— - — — — — — — — — — — + .SIMMONS ENVIRONMENTAL: -PROJECT F' ;SERVICES,- INC. Name Averka ._Test l� :25 Kenoza Avenue Location: Abbott Street", Pit#: TP -4 'Haverhill..MA 01830 North Andover. MA' n ;508-521-3333 Proj.#: 9212197 Date:2/4/93: +---------------------+=---------+-------------+------------+ :SIMMONS Geologist: S. Landry - : Contractor: Ramey Const. ;Others: W Simmons. G. Osgood, Operator: Fred Ramey, Jr.: R Doucette K. Bradley Weather: Sunny,25 dei. Lj-------+---------------+----------+ ;Depth: SAMPLE SOIL DESCRIPTION OVA # (ppm) -----------+----------+ +-01--+--------+---------------------- 5 S-1 0"-36" Fill -Gray Silt,Some Gravel,Trace Sand, Concrete Pieces +-3'--; ; 36"-42" Fill -Mulch, Branches 42"-48" Topsoil +-4'--; 48"-72" Subsoil Ll , E ------------------------------------------------------------ L t , t C - , , , , 3 u , ;Soil Amounts NOTES: No Groundwater Encountered �I :Trace 0-10% lr Little 10-20% ;Some 20-35% ' .,And 35-50% ; +--------------+--------------------------------------------+ C TEST PIT FIELD LOG �'-IMMONS EncironmotalScr,im.Inc. - - - ----------------------- — ------------------------------------- :SIMMONS-ENVIRONMENTAL: ---------------------+------------+;SIMMONS-ENVIRONMENTAL; PROJECT _ ;SERVICES, INC. ; Name: Averka Test ;25 Kenoza-Avenue Location: -Abbott S.treet;_ Pit#: TP -5 ;Haverhill, MA 01830 ; North Andover, MA, :508-521-3333 Proj-.#: 9212197 Date:2/4/93; +---------------------+----------+-------------+------------+ ;SIMMONS Geologist: S. Land-ry Contractor: Ramey Const. ;Others: W Simmons. G. Osggod, ; Operator: Fred Ramey. Jr.; R. Doucette K. Bradley ; Weather: Sunny, 25 deg_ r----+---------------+----------+ ;Depth; SAMPLE ; SOIL DESCRIPTION ; OVA ;(ft.); # ; (ppm) + -0'--+--------+---------------------------------+----------+ S-1 ; 0"-38" Fill -Gray Silt,Some ; 1 Gravel,Trace Sand,Wood, ; t Concrete Pieces t t , t , 38"-44" Fill -Branches r = L, +-4'--; 44"-52" Topsoil 52"-72" Subsoil , , t t , r t +-----+--------+---------------------------------+----------+ ;Soil Amounts ; NOTES: No Groundwater Encountered ;Trace 0-10% ; r ;Little 10-20% ; L ;Some 20-35% ; ;And 35-50% ; +--------------+--------------------=-----------------------+ C [SIMMONS Environmental Senders. Inc. CComposite _samples were collected -from each test.. pit within the fi=ll layers. Each pit produced four discrete El composite samples. These were: one sample for Total CPetroleum Hydrocarbons (TPH), one sample for Volatile Organic Compounds (VOC's), one sample for heavy metals (RCRA-8), and Ca fourth sample composite turned over to a representative Efrom the Town of North Andover. L After the completion of the test pit instailations. Ethree representatives from the Town of North Andover inspected the property. These representatives were Gayton C, Osgood (Member of North Andover Board of Health), Richard Doucette (Conservation Administrator) and Karen E. Bradley n Esquire. (Town Planner). LAfter reviewing the test pits and taking photographs, these representatives were asked if they wished to have any Efurther test pits developed while the excavation and soil Esampling equipment was available. All parties present at the site agreed that the five test pits adequately represented Ethe suspect -,fill area. After logging all collected samples, transferring sample Esplits to municipal representatives and taking appropriate Ephotographs of each test" pit, the excavation was backfilled and rough graded. E C `J SIMMONS lincinmmcnt�! Socias. Inc. I U Fifteen individual soil samples collected by SIMMONS, rl were transported in iced containers and heli under refrigeration until release to a subcontract analytical n laboratory, Matr-ix Analytical, Inc. on Febr;.ar6 :,. 1993. Matrix Analytical Inc., .s certified T. C) i:,_ 'orm a.; n of the analytical pararr.etars requested 'Ln :....: "I"esti(":". n Sc -l. Appendix -1I fol LdCiOratciry Cert ii 1(:.,aT, _.,_ ._..,:...mt-ntat _on. U 1')t� following pizotcgrapns row i 1e 1 i a a te:.t pits n and t;:;st lit spoils resulti?_ from this j z; ,:.. -' }n. n L-A FI L-6 �--r L n 0 0 0 0 0 0 E S _ E SIMMONS Encironmcnal Services. Inc. E AVERKA PROPERTY 383 ABBOTT STREET -- NORTH ANDOVER, MASSACHUSETTS Photo #1 View of filled area as of December 2, 1992. ,IJ Photo #2 View of Test Pit #1. Note humus/clippings at left center and upper right. Note natural subsoil at center of photo. Ale, A I New 'Tr -Z all N - 'y 4 N - 'y 4 .�'� . �r !� r/.;,j� � TT'. ��' •_ fir s> 1 )�� r'' ApAj ♦. + . 1' �3MsK �a -;1 4 t �R i. '.may '�H'� `` �'�; +a•��.• v Y • x � � �� 'Sits.,,,•. � .. �:S��I♦ :sem{o•.. �. ,I�^,`` .. _ _ k / ............ 7 77 n "i11YiMO NS F.vironmcn,al Services. Inc. n. According to information supplied by Joseph Averka". L several truck loads of fill material originated from construction/excavation activities within the area of North F' Station in Boston, MA. This soil reportedly was generated from the construction activities associated with an MBTA Ir -1 project regarding Green Line relocation and construction of a Parking Garage. The materials observed within the Test Pits are consistent with soil expected from this area. Moreover. n Mr. Averka provided a copy of the executive summary of an environmental assessment prepared for this project. The L� assessment. conducted by GEI Consultants, Inc-". indicated that forty samples collected from test borings had been W analyzed using GC/FID techniques. GEI reported that no petroleum hydrocarbons were detected in the sample population. These data are in agreement with the analytical n results obtained from similar analysis of materials at the F1 Averka property at 383 Abbott Street. ' Based Ripon the development of these test pits. the analytical data collected and this firm's review of oubliely° u available information at the Town of North Andover Board of EHealth, SIMMONS concludes that this property poses minimal 7 environmental risk. L 0 C U "SIMMONS linrirunmcnctl Scr ices. Inc. 5.0 CONCLUSIONS r-1programA subsurface exploration program has been completed at a I portion of the property owned by Mrs. Faye Averka at 383 L Abbott Street, North Andover, MA. A series of 5 test pits were advanced through fill material into natural topsoil and subsoil. Samples collected from each test pit were analyzed 7 for volatile organic compounds (VOC's), total petroleum L hydrocarbons (TPH). and heavy metals (RCRA-8). Samples with total petroleum hydrocarbon concentrations greater than 100 u n ppm were further analyzed by gas chromatography using flame ionization detection to identify petroleum hydrocarbons. F u On the basis of these activities, the following conclusions are drawn: !, o The location contains offsite fill materials ranging in depth from 17"-44". o Test Pit T1 located near the Northeasterly edge of the u filled area contained primarily wood chips, brush and grass clippings. o None of the samples showed detectable results for volatile organic analyses with the exception of Test Pit =1. A single volatile. toluene. was reported at a concentration of 200 ppb. o Three samples showed results greater than 100 mg/Kg n (ppm) for total petroleum hydrocarbons. Further Lr analyses (GC/FID). did not indicate petroleum hydrocarbons present within these samples. F u u MONS w o Comparison of metal concentrations observed at the five test pits were less than the "Recommended Concentrations" for notification as proposed by MDEP rt is its revision to the Massachusetts Contingency Plan. ►-� o The physical appearance and chemical analyses of the fill material associated with these test pits is �? consistent with description and analyses conducted by others from the source identified by Joseph 9verka. o The fill material poses minimal environmental risk concerning oil and/or hazardous materials. n i Li n L v � L i 1 L 5VIlMONS L-naironmental Services. Inc. 6.0 RECOMMENDATIONS After installation of the .test pits and completion of r't the soil sampling activities, each test pit was backfilled. Because of the grounds condition, i.e., (frozen) at the time i` of this subsurface exploration, it was impossible to satisfactorily compact the disturbed material. To address this issue and improve the aesthetic appearance, it is n recommended that clean backfill, i.e. sand/gravel mix and/or topsoil, be placed over the site in the spring concurrent with more complete compaction of the disturbed areas. If additional filling is to take place in the future, the Town may wish to consider a requirement for submission of appropriate analyses as a prerequisite to approval if fill material involves recycled materials. n I n Environmental Services. Inc. F7 L_v 7.0 REFERENCES F 6. Memorandum to Building Inspection, Board of Health, Fire Chief William Dalton from Richard Doucette, Conservation Administrator, January 8, 1991. 7. Personal communication between William A. Simmons of SIMMONS and Robert Curtain. Director of Organics` Laboratory, Matrix Analytical, Inc., February 1993. 8. Hawley's Condensed Chemical Dictionary. Eleventh Edition, Van Norstrand Reinhold, New York. 1987. n 9. Groundwater and Drinking Water Quality Standards. Code of Massachusetts Regulation 314 CMR 4.00 & 6.00. 10. Op Cit #1 11. Management Procedures for Excavated Soils Contaminated {� with Virgin Petroleum Oil, #N -SC Policy 89-001. 12. Memorandum from Thomas Powers. Edward kunce, Deputy n Commissioner, MDEP to Assistant Commissioner et al.. January 20, 1993 re: Interim Policy Regarding Regulatory Status of Soil Contaminated with Waste of unknown Origin r, and/or Hazardous Constituents. r 1. Waste Site Clean Program Redesign, Draft Regulation Package, Massachusetts Department of Environmental '-' Protection, January 1993. 2. Correspondence between Mrs. Joseph Averka and Allison +- Conboy, R.S.C.H.O.. North Andover Board of Health, May 14, 1992. n 3. Case File Status Sheet, North Andover Board of Health.. April 18, 1992. n 4. Correspondence between Allison Conboy R.S.C.H.O. Agent for the Board of Health, North Andover and Thomas - Caffrey, Esquire, January 7, 1993. 5. Correspondence between William A. Simmons of Simmons Environmental Services, Inc. and Allison Conboy R.S.C.H.O. Agent for Board of Health Town of North i� Andover, February 3, 1993. F 6. Memorandum to Building Inspection, Board of Health, Fire Chief William Dalton from Richard Doucette, Conservation Administrator, January 8, 1991. 7. Personal communication between William A. Simmons of SIMMONS and Robert Curtain. Director of Organics` Laboratory, Matrix Analytical, Inc., February 1993. 8. Hawley's Condensed Chemical Dictionary. Eleventh Edition, Van Norstrand Reinhold, New York. 1987. n 9. Groundwater and Drinking Water Quality Standards. Code of Massachusetts Regulation 314 CMR 4.00 & 6.00. 10. Op Cit #1 11. Management Procedures for Excavated Soils Contaminated {� with Virgin Petroleum Oil, #N -SC Policy 89-001. 12. Memorandum from Thomas Powers. Edward kunce, Deputy n Commissioner, MDEP to Assistant Commissioner et al.. January 20, 1993 re: Interim Policy Regarding Regulatory Status of Soil Contaminated with Waste of unknown Origin r, and/or Hazardous Constituents. r �" cm•irunmrntal �en'ices. Inc. 13. Interim Site Investigation Protocol Document, Massachusetts Department of Environmental Protection, n Policy for the Investigation Assessment and Remediation of Petroleum Releases. WSC Policy #401-91 p.35, 37, 41. 14. Op Cit #7 f1 { L -O 15. Shacklette, H.T. and J.G. Berngen, Element Concentration in Soil and Other Surficial Materials of the Conterminous United States. U.S. Geological Survey Professional Paper 1270, 1984. 16. Op Cit #1 17. Personal communication between Joseph Averka and William A. Simmons, Simmons Environmental Services, Inc. f� February, 1993. 18, Environmental Site Assessment. MBTA North Station Transportation Improvement Project. North Station Garage Site, Boston, Ma. Submitted to Parsons Brinkerhoff Seely Stevenson, 120 Boylston Street, Boston, Ma. by GEI Consultants, Inc. August, 1989. 4-1 L C M L C 0 n 0 0 0 0 0 J I 0 A N A L Y T I C A L. D A T A S U M M A R Y S hen DiMattei Quality Assurance Officer C` Lab Certifications EPA ID: No. MA059 Massachusetts: No. 313 Maine: Reciprocity New York. ELAP No.11116 Connecticut: No. PH 0515 Florida: QA Plan No. 900437G New Hampshire: No. 24190-A,B Rhode Island: Reciprocity Matrix Analytical, Inc. 106 South Street Hopkinton, MA 01748 1800 3 -MATRIX i fin I 1 Matrix Analytical, Inc. 106 South Street F I N A L R E P O R T Hopkinton, MA 01748 1800 3 -MATRIX l Client Information Account: Simmons Environmental Services Project Name: Averka (9212197) (2-5-93) Address: 25 Kenoza Avenue Project Number. 9212197 Haverhill, MA 01830 Project Manager. B.Simmons Sampler Name: Simmons Environmental Serv. n 1 i-+ Sample Information t^1 Lab ID: 30360873-001 Date Sampled: 02/04/93 09:00 Client Id: TP -1, S-2 Date Received: 02/05/93 :0 Matri:c Soil Date Reported: 02/22/93 ^: 1 Detection; Method Date Analytical Paiameter :: Result Unit Irma No Analyst Analyzed ti HYDROCARBON ANALYSIS r'1 Total Petroleum Hydrocarbon (IR) 260 mg/kg 4 9073 ja 02/08/93 Fingerprint Results The chromatograph is not indicative of the petroleum hydrocarbon products identified by this method. GC -FID fingerprint procedure provides for the characterization of the following hydrocarbons: (1) Diesel/#2 Fuel oil (2) #4 Fuel oil f'1 (3) #6 Fuel oil (4) Gasoline (5) Jet Fuel (6) Kerosene u (7) Lubricating oil (8) Paint thinner �--I (9) Turpentine (10) Petroleum Naphtha Chromatogram File 2589Z D 3328-78 ss 02/17/93 Carbon Range Not applicable. Carbon Range Not applicable. Comments: Not applicable. File i-2'S9Z 1.J amu. tiCCN Ja.p:? N PPS.i'JC _ _COvO 331 E.3 16000 3.5 ILJ 13000 12000 3.2 2.8 n i 10099 F2.3 80000.2.0 '! 50001 4099. l.e - 8 _ __- -- -- — - .3 Page I i 20 24 23 36 49 44 4;9 12 1 V - n L Sample InfOnnation { 1 Lab ID: 30360873-002 j Client Id: TP -1A, S-2 u Matrix Soil s`t __ - .............................................................. ......... _ I ................. Analytical Parameter. <: .'; 9.0 mg/kg OS SAMPLE PREPARATION r Metal Digestion 61 Mercury Digestion 1.0 6010 th TRACE METALS 2.0 Arsenic LI Barium th Cadmium 17.0 Chromium A Lead w 02/12/93 56.0 Mercury 0.1 Selenium bg Silver n mg/kg 0.1 7471 n 02/09/93 i mg/kg OS 7741 L 02/12/93 n mg/kg L 6010 F-1 02/09/93 L r L., C F I N A L R E P O R T Project Name: Averka (9212197) (2-5-93) Project Number. 9212197 Project Manager. B.Simmons Sampler Name: Simmons Environmental Serv. Date Sampled: 02/04/93 09:00 Date Received: 02/05/93 : 0 Date Reported: 02/22/93 02/09/93 3051 02/09/93 7470 9.0 mg/kg OS 7061 th 02/12/93 61 mg/kg 1.0 6010 th 02/09/93 2.0 mg/kg 1.0 6010 th 02/09/93 17.0 mg/kg OS 7191 da 02/12/93 56.0 mg/kg 0.1 7421 bg 02/09/93 0.3 mg/kg 0.1 7471 mm 02/09/93 ND mg/kg OS 7741 th 02/12/93 ND mg/kg 2.0 6010 th 02/09/93 Page I . F� V Matrix Analytical, Inc. 106 South Street Hopkinton, MA 01748 1800 3 -MATRIX Client Information Account: Simmons Environmental Services Address: 25 Kenoza Avenue Haverhill, MA 01830 ESample Information 2000 Lab ID: 30360873-003 I Client Id: TP -1B, S-2 I s Matrix. Soil F I N A L R E P O R T Project Name: Averka (9212197) (2-5-93) Project Number. 9212197 Project Manager. B.Simmons Sampler Name: Simmons Environmental Serv. Date Sampled: 02/04/93 09:00 Date Received: 02/05/93 :0 Date Reported: 02/22/93 r ug/kg 2000 8240 db VOLATILE ORGANICS ND Acetone r Benzene L; Bromodichloromethane ND Bromoform 100 Bromomethane db Carbon Tetrachloride U ug/kg 100 Chlorobenzene �., Chloroethane F Chloroform -' Chloromethane db Dibromochloromethane ND 1,2 -Dichlorobenzene 100 1,3 -Dichlorobenzene db 1,4 -Dichlorobenzene M 1,1-Dichloroethane L1,2-Dichloroethane 8240 db 1,1-Dichloroethene r--1 cis-1,2-Dichloroethene 100 trans-1,2-Dichloroethene db 1,2-Dichloropropane ND cis-1,3-Dichloropropene r-1 S trans-1,3-Dichloropropene db Ethylbenzene ND Methylene Chloride r Methyl Ethyl Ketone } 02/17/93 ND ug/kg 2000 8240 db 02/17/93 ND ug/kg 20 8240 db 02/17/93 ND ug/kg 100 8240 db 02/17/93 ND ug/kg 100 8240 db 02/17/93 ND ug/kg 100 8240 db 02/17/93 ND ug/kg 100 8240 db 02/17/93 ND ug/kg 100 8240 db 02/17/93 ND ug/kg 100 8240 db 02/17/93 ND ug/kg 100 8240 db 02/17/93 ND ug/kg 100 8240 db 02/17/93 ND ug/kg 100 8240 db 02/17/93 ND ug/kg 100 8240 db 02/17/93 ND ug/kg 100 8240 db 02/17/93 ND ug/kg 100 8240 db 02/17/93 ND ug/kg 100 8240 db 02/17/93 ND ug/kg 100 8240 db 02/17/93 ND ug/kg 100 8240 db 02/17/93 ND ug/kg 100 8240 db 02/17/93 ND ug/kg 100 8240 db 02/17/93 ND ug/kg 100 8240 db 02/17/93 ND ug/kg 100 8240 db 02/17/93 ND ug/kg 100 8240 db 02/17/93 ND ug/kg 100 8240 db 02/17/93 ND ug/kg 100 8240 db 02/17/93 ND ug/kg 2000 8240 db 02/17/93 Page I Matrix Analytical, Inc. 106 South Street F I N A L R E P O R T Hopkinton, MA 01748 ......::...::._:_ ....:::.:: 1800 3 -MATRIX Client Information Account: Simmons Environmental Services Project Name: Averka (9212197) (2-5-93) n 4 Address: 25 Kenoza Avenue Project Number. 9212197 u Haverhill, MA 01830 Project Manager. B.Simmons Sampler Name: Simmons Environmental Serv. 1 Sample Information i -J Lab ID: 30360873-003 Date Sampled: 02/04/93 09:00 rClient Id: TP -1B, S-2 Date Received: 02/05/93 : 0 u Matrix Soil Date Reported: 02/22/93 .;, ,. w .....:. ..eteCfiott Analyttcal ParameEer Result . U.Trmtt I1lethod Mo Anall t Date Analyzed . . <: `—' VOLATILE ORGANICS MIBK ND ug/kg 1000 8240 db 02/17/93 r MTBE ND ug/kg 100 8240 db 02/17/93 Li 1,1,2,2 -Tetrachloroethane ND ug/kg 100 8240 db 02/17/93 Tetrachloroethene ND ug/kg 100 8240 db 02/17/93 Toluene 100 ug/kg 100 8240 db 02/17/93 L 1,1,1 -Trichloroethane ND ug/kg 100 8240 db 02/17/93 1,1,2 -Trichloroethane ND ug/kg 100 8240 db 02/17/93 r Trichloroethene ND ug/kg 100 8240 db 02/17/93 L Trichlorofluoromethane ND ug/kg 100 8240 db 02/17/93 Vinyl Chloride ND ug/kg 100 8240 db 02/17/93 Xylene ND ug/kg 100 8240 db 02/17/93 n L SURROGATE STUDIES - VOLATILES Bromofluorobenzene 91 Percent db 02/17/93 1,2-Dichloroethane-D 98 Percent db 02/17/93 ti Li Toluene -D 104 Percent db 02/17/93 Detection limit due to n matrix interference. 1 f-1 L u Page 2 Matrix Analytical, Inc. 106 South Street Hopkinton, MA 01748 1800 3 -MATRIX F I N A L R E P O R T Project Name: Averka (9212197) (2-5-93) Project Number. 9212197 Project Manager. B.Simmons Sampler Name: Simmons Environmental Serv. Date Sampled: 02/04/93 09:30 Date Received: 02/05/93 :0 Date Reported: 02/22/93 02/09/93 3051 02/09/93 7470 25.6 mg/kg OS 7061 th 02/12/93 37 mg/kg 1.0 6010 th 02/09/93 3.0 mg/kg 1.0 6010 th 02/09/93 23.5 mg/kg OS 7191 da 02/12/93 9.5 mg/kg 0.1 7421 bg 02/09/93 0.1 mg/kg 0.1 7471 mm 02/09/93 ND mg/kg OS 7741 th 02/12/93 ND mg/kg 2.0 6010 th 02/09/93 Page 1 Matrix Analytical, Inc. 106 South Street Hopkinton, MA 01748 1800 3 -MATRIX I `J Client Information n Account: Simmons Environmental Services i Address: 25 Kenoza Avenue L-' Haverhill, MA 01830 P ' L Sample Information F I N A L R E P O R T Project Name: Averka (9212197) (2-5-93) Project Number. 9212197 Project Manager. B.Simmons Sampler Name: Simmons Environmental Serv. C rf-1 L �? Page 1 l.� Lab ID: 30360873-004 Date Sampled: 02/04/93 09:30 Client Id: TP -2, S-1 Date Received: 02/05/93 : 0 r Matrix Soil Date Reported: 02/22/93 ...:.......... .: .::. v .. ...:., ... Analytical Parameter Uetetr,Ort;; Result Uttt irnrrt :: Method':: 171fe...:.;'. "No Analyst Analyzed :: HYDROCARBON ANALYSIS Total Petroleum Hydrocarbon (IR) 38 mg/kg 2 9073 ja 02/08/93 C rf-1 L �? Page 1 l.� Matrix Analytical, Inc. 106 South Street Hopkinton, MA 01748 1800 3 -MATRIX u Client Informahion Account: Simmons Environmental Services Address: 25 Kenoza Avenue __J Haverhill, MA 01830 F-1 i U n F I N A L R E P O R T Project Name: Averka (9212197) (2-5-93) Project Number. 9212197 Project Manager. B.Simmons Sampler Name: Simmons Environmental Serv. Sample Information Lab ID: 30360873-006 Date Sampled: 02/04/93 09.30 Client Id: TP -2B, S-1 Date Received: 02/05/93 :0 Matrix: Soil Date Reported: 02/22/93 VOLATILE ORGANICS 8240 db Acetone ND ug/kg Benzene ND ug/kg Bromodichloromethane ND ug/kg Bromoform ND ug/kg Bromomethane ND ug/kg Carbon Tetrachloride ND ug/kg Chlorobenzene ND ug/kg Chloroethane ND ug/kg Chloroform ND ug/kg Chloromethane ND ug/kg Dibromochloromethane ND ug/kg 1,2 -Dichlorobenzene ND ug/kg 1,3 -Dichlorobenzene ND ug/kg 1,4 -Dichlorobenzene ND ug/kg 1,1-Dichloroethane ND ug/kg 1,2-Dichloroethane ND ug/kg 1,1-Dichloroethene ND ug/kg cis-1,2-Dichloroethene ND ug/kg trans-1,2-Dichloroethene ND ug/kg 1,2-Dichloropropane ND ug/kg cis-1,3-Dichloropropene ND ug/kg trans-1,3-Dichloropropene ND ug/kg Ethylbenzene ND ug/kg Methylene Chloride ND ug/kg Methyl Ethyl Ketone ND ug/kg 100 8240 db 02/16/93 1 8240 db 02/16/93 5 8240 db 02/16/93 5 8240 db 02/16/93 5 8240 db 02/16/93 5 8240 db 02/16/93 5 8240 db 02/16/93 5 8240 db 02/16/93 5 8240 db 02/16/93 5 8240 db 02/16/93 5 8240 db 02/16/93 5 8240 db 02/16/93 5 8240 db 02/16/93 5 8240 db 02/16/93 5 8240 db 02/16/93 5, 8240 db 02/16/93 5 8240 db 02/16/93 5 8240 db 02/16/93 5 8240 db 02/16/93 5 8240 db 02/16/93 5 8240 db 02/16/93 5 8240 db 02/16/93 5 8240 db 02/16/93 5 8240 db 02/16/93 100 8240 db 02/16/93 Page 1 Matrix Analytical, Inc. 106 South Street Hopkinton, MA 01748 1800 3 -MATRIX F I N A L R E P 0 R T EClient Information Account: Simmons Environmental Services Project Name: Averka (9212197) (2-5-93) Address: 25 Kenoza Avenue Project Number. 9212197 Haverhill, MA 01830 Project Manager. B.Simmons Sampler Name: Simmons Environmental Serv. ESample Information Lab ID: 30360873-006 Date Sampled: 02/04/93 09:30 El Client Id: TP -2B, S-1 Date Received: 02/05/93 :0 Matriia soil Date Reported: 02/22/93 ........ .................. .... ... - ........ ................................................ ........................... ..................... ................. ................... X.-. .. .::.: ......... ................"..... ... .-. ...1.... ....................................*...'........... . ............... ..... .1......0...'............0......... ..................... ... ..-......... ............ ..'...:..�......�.................................... .....:...........................::..:......:...:......:...............:...............- .... ....... .......1... ....-,..... ..... ................... ..... ......-........0. .... .............. ... ........ ... .......M...............d.......t..h.....d... ......................... - .... ............... ................................................. ....... ..................... ....... .... ...... .... ................ .... .......... .. ... .. ... .... .... ......................:....: .... ......... ................................................ ....... ... ....... :::.....*: ........ Analytical . .. Result ......... ufiii ............ d....;. N . .. ....... e........ d Analyzed .... ................. ............ .. . . VOLATILE ORGANICS M1BK ND ug/kg so 8240 db 02/16/93 MTBE ND ug/kg 5 8240 db 02/16/93 1,1,2,2 -Tetrachloroethane ND -g/kg 5 8240 db 02/16/93 Tetrachloroethene ND ug/kg 5 8240 db 02/16/93 Toluene ND ug/kg 5 8240 db 02/16/93 L1,1,1 -Trichloroethane ND ug/kg 5 8240 db 02/16/93 1,1,2 -Trichloroethane ND ug/kg 5 8240 db 02/16/93 rl Trichloroethene ND ug/kg 5 8240 db 02/16/93 Trichlorofluoromethane ND ug/kg 5 8240 db 02/16/93 Vinyl Chloride ND ug/kg 5 8240 db 02/16/93 Xylene ND ug/kg 5 8240 db 02/16/93 SURROGATE STUDIES - VOLATILES Bromofluorobenzene 89 Percent db 02/16/93 1,2-Dichloroethane-D 88 Percent db 02/16/93 Toluene -D 78 Percent db 02/16/93 Page 2 n Matrix Analytical, Inc. 106 South Street Hopkinton, MA 01748 1800 3 -MATRIX F I N A L R E P O R T '—' Client Information n Account: Simmons Environmental Services Project Name: Averka (9212197) (2-5-93) Matrix Analytical, Inc. 106 South Street Hopkinton, MA 01748 1800 3 -MATRIX F I N A L R E P O R T '—' Client Information n Account: Simmons Environmental Services Project Name: Averka (9212197) (2-5-93) Address: 25 Kenoza Avenue Project Number. 9212197 15000 Haverhill, MA 01830 Project Manager. B.Simmons r� .o Sampler Name: Simmons Environmental Serv. `J Sample Infomtation 3.6 140000- 40003.2 rl Lab ID: 30360873-007 Date Sampled: 02/04/9310:00 12G00 Client Id: TP -3, S-1 Date Received: 02/05/93 : 0 u Matrbc Soil Date Reported: 02/22/93 HYDROCARBON ANALYSIS r-1 Total Petroleum Hydrocarbon (IR) u Fingerprint Results u n u �u Chromatogram File n Carbon Range u Carbon Range n Comments: u^ 1 u I u n U U r� 710 mg/kg 20 9073 ja The chromatograph is not indicative of the petroleum hydrocarbon products identified by this method. GC -FID fingerprint procedure provides for the characterization of the following hydrocarbons: (1) Diesel/#2 Fuel oil (2) #4 Fuel oil (3) #6 Fuel oil (4) Gasoline (5) Jet Fuel (6) Kerosene (7) Lubricating oil (8) Paint thinner (9) Turpentine (10) Petroleum Naphtha 259OZ D 3328-78 ss Not applicable. Not applicable. Not applicable. Xi:9 :2590: 1.0 a... 'AGN 1aTi) TIC 20000 :JI � 15000 .o 16000 3.6 140000- 40003.2 3.2 12G00 2.9 FL.4 100 000] 2.0 A040M r_.6 6000 .2 4000 �1 p7� 8 1-Zz. 20 24 P 1235 40 i4 443 02/08/93 02/17/93 Page 1 Matrix Analytical, Inc. 106 South Street Hopkinton, MA 01748 1800 3 -MATRIX F I N A L R E P O R T J Client Information Account: Simmons Environmental Services Project Name: Averka (9212197) (2-5-93) Address: 2S Kenoza Avenue Project Number. 9212197 Haverhill, MA 01830 Project Manager. B.Simmons Sampler Name: Simmons Environmental Serv. rnfomtation ): 30360873-008 Date Sampled: 02/04/9310:00 Id: TP -3A, S-1 Date Received: 02/05/93 : 0 Soil Date Reported: 02/22/93 SAMPLE PREPARATION ATRIX. Matrix Analytical, Inc. 106 South Street Hopkinton, MA 01748 1800 3 -MATRIX F I N A L R E P O R T J Client Information Account: Simmons Environmental Services Project Name: Averka (9212197) (2-5-93) Address: 2S Kenoza Avenue Project Number. 9212197 Haverhill, MA 01830 Project Manager. B.Simmons Sampler Name: Simmons Environmental Serv. rnfomtation ): 30360873-008 Date Sampled: 02/04/9310:00 Id: TP -3A, S-1 Date Received: 02/05/93 : 0 Soil Date Reported: 02/22/93 SAMPLE PREPARATION n Metal Digestion 02/09/93 3051 Mercury Digestion 02/09/93 7470 u TRACE METALS Arsenic 9.9 mg/kg OS 7061 th 02/12/93 u Barium 78 mg/kg 1.0 6010 th 02/09/93 Cadmium 4.0 mg/kg 1.0 6010 th 02/09/93 Chromium 19.0 mg/kg OS 7191 da 02/12/93 Lead 160 mg/kg 0.1 7421 bg 02/09/93 Mercury 0.6 mg/kg 0.1 7471 mm 02/09/93 l -1 Selenium ND mg/kg OS 7741 th 02/12/93 Silver ND mg/kg 2.0 6010 th 02/09/93 n LJ n iJ n u E r F C Page 1 Matrix Analytical, Inc. 106 South Street Hopkinton, MA 01748 1800 3 -MATRIX Client Information F I N A L R E P O R T r7 u n u L n VOLATILE ORGANICS Account: Simmons Environmental Services Project Name: Averka (9212197) (2-5-93) r-1 Address: 25 Kenoza Avenue Project Number. 9212197 u Haverhill, MA 01830 Project Manager. B.Simmons db 02/17/93 Sampler Name: Simmons Environmental Serv. r-1 1 8240 db 02/17/93 Sample Information ND ug/kg 5 8240 L-, 02/17/93 Bromoform ND -i Lab ID: 30360873-009 Date Sampled: 02/04/9310:00 r Bromomethane ND ug/kg 5 Client Id: TP -3B, S-1 Date Received: 02/05/93 : 0 u Matrix Soil Date Reported: 02/22/93 r7 u n u L n VOLATILE ORGANICS Acetone ND ug/kg 100 8240 db 02/17/93 Benzene ND ug/kg 1 8240 db 02/17/93 Bromodichloromethane ND ug/kg 5 8240 db 02/17/93 Bromoform ND ug/kg 5 8240 db 02/17/93 Bromomethane ND ug/kg 5 8240 db 02/17/93 Carbon Tetrachloride ND ug/kg 5 8240 db 02/17/93 Chlorobenzene ND ug/kg 5 8240 db 02/17/93 Chloroethane ND ug/kg 5 8240 db 02/17/93 Chloroform ND ug/kg 5 8240 db 02/17/93 Chloromethane ND ug/kg 5 8240 db 02/17/93 Dibromochloromethane ND ug/kg 5 8240 db 02/17/93 1,2 -Dichlorobenzene ND ug/kg 5 8240 db 02/17/93 1,3 -Dichlorobenzene ND ug/kg 5 8240 db 02/17/93 1,4 -Dichlorobenzene ND ug/kg 5 8240 db 02/17/93 1,1-Dichloroethane ND ug/kg 5 8240 db 02/17/93 1,2-Dichloroethane ND ug/kg 5 8240 db 02/17/93 1,1-Dichloroethene ND ug/kg 5 8240 db 02/17/93 cis-1,2-Dichloroethene ND ug/kg 5 8240 db 02/17/93 trans-1,2-Dichloroethene ND ug/kg 5 8240 db 02/17/93 1,2-Dichloropropane ND ug/kg 5 8240 db 02/17/93 cis-1,3-Dichloropropene ND ug/kg 5 8240 db 02/17/93 trans-1,3-Dichloropropene ND ug/kg 5 8240 db 02/17/93 Ethylbenzene ND ug/kg 5 8240 db 02/17/93 Methylene Chloride ND ug/kg 5 8240 db 02/17/93 Methyl Ethyl Ketone ND ug/kg 100 8240 db 02/17/93 r7 Page 1 i U Matrix Analytical, Inc. 106 South Street Hopkinton, MA 01748 1800 3 -MATRIX F I N A L R E P O R T Project Name: Averka (9212197) (2-5-93) Project Number. 9212197 Project Manager. B.Simmons Sampler Name: Simmons Environmental Serv. Date Sampled: 02/04/9310:00 Date Received: 02/05/93 : 0 Date Reported: 02/22/93 ND ug/kg 50 8140 db 02/17/93 ND ug/kg 5 8240 db 02/17/93 ND ug/kg 5 8240 db 02/17/93 ND ug/kg 5 8240 db 02/17/93 ND ug/kg 5 8240 db 02/17/93 ND ug/kg 5 8240 db 02/17/93 ND ug/kg 5 8240 db 02/17/93 ND ug/kg 5 8240 db 02/17/93 ND ug/kg 5 8240 db 02/17/93 ND ug/kg 5 8240 db 02/17/93 ND ug/kg 5 8240 db 02/17/93 112 Percent db 02/17/93 111 Percent db 02/17/93 103 Percent db 02/17/93 Page 2 Matrix Analytical, Inc. 106 South Street Hopkinton, MA 01748 1800 3 -MATRIX r-1 t `J Client Information F1 Account: Simmons Environmental Services u Address: 25 Kenos Avenue Haverhill, MA 01830 M `-' Sample Information Lab ID: 30360873-010 i.r Client Id: TP -4, S-1 Matrix Soil n 1-1 F -1I u HYDROCARBON ANALYSIS M Total Petroleum Hydrocarbon (IR) ! v Fingerprint Results f—i 1 F I N A L R E P O R T Project Name: Averka (9212197) (2-5-93) Project Number. 9212197 Project Manager. B.Simmons Sampler Name: Simmons Environmental Serv. Date Sampled: 02/04/9310:30 Date Received: 02/05/93 :0 Date Reported: 02/22/93 n u 750 mg/kg 20 9073 ja The chromatograph is not indicative of the petroleum hydrocarbon products identified by this method. GC -FID fingerprint procedure provides for the characterization of the following hydrocarbons: (1) Diesel/#2 Fuel oil (2) #4 Fuel oil (3) #6 Fuel oil (4) Gasoline (5) Jet Fuel (6) Kerosene (7) Lubricating oil (8) Paint thinner (9) Turpentine (10) Petroleum Naphtha 2591Z Not applicable. Not applicable. Not applicable. D 3328-78 ss 02/10/93 02/17/93 Page I Chromatogram File Carbon Range Carbon Range n Comments: 1J FF i� n = •: co- LJ 1120000- ioouu:• n 120000- = 10„000- u - 3.00P r 5000^ u 40000- E 20c0o- �1 750 mg/kg 20 9073 ja The chromatograph is not indicative of the petroleum hydrocarbon products identified by this method. GC -FID fingerprint procedure provides for the characterization of the following hydrocarbons: (1) Diesel/#2 Fuel oil (2) #4 Fuel oil (3) #6 Fuel oil (4) Gasoline (5) Jet Fuel (6) Kerosene (7) Lubricating oil (8) Paint thinner (9) Turpentine (10) Petroleum Naphtha 2591Z Not applicable. Not applicable. Not applicable. D 3328-78 ss 02/10/93 02/17/93 Page I MATRIX - Matrix Analytical, Inc. 106 South Street Hopkinton, MA 01748 1800 3 -MATRIX F I N A L R E P O R T ri u f� '-i SAMPLE PREPARATION Client Information 02/09/93 3051 I-1 Account: Simmons Environmental Services Project Name: Averka (9212197) (2-5-93) r1 Address: 25 Kenoza Avenue Project Number. 9212197 L--; Haverhill, MA 01830 Project Manager. B.Simmons Sampler Name: Simmons Environmental Serv. rl TRACE METALS Sample Information rl Arsenic w+ mg/kg OS 7061 th Lab ID: 30360873-011 Date Sampled: 02/04/9310:30 n Client Id: 1P4A, S-1 Date Received: 02/05/93 : 0 u Matrix. Soil Date Reported: 02/22/93 ri u f� '-i SAMPLE PREPARATION Metal Digestion 02/09/93 3051 I-1 Mercury Digestion 02/09/93 7470 u TRACE METALS rl Arsenic 8.3 mg/kg OS 7061 th 02/12/93 Barium 37 mg/kg 1.0 6010 th 02/09/93 u Cadmium 4.0 mg/kg 1.0 6010 th 02/09/93 r1 Chromium 16-5 mg/kg OS 7191 da 02/12/93 Lead 58.0 mg/kg 0.1 7421 bg 02/09/93 �-' Mercury 0.3 mg/kg 0.1 7471 mm 02/09/93 Selenium ND mg/kg OS 7741 th 02/12/93 Silver ND mg/kg 2.0 6010 th 02/09/93 r7 li r7 n u r7 i Page I Client Information n Account: Simmons Environmental Services Address: 25 Kenoza Avenue Haverhill, MA 01830 n �I Sampk Information Lab ID: 30360873-012 Client Id: TP 4B, S-1 �-' Matrbc Soil F I N A L R E P O R T Project Name: Averka (9212197) (2-5-93) Project Number. 9212197 Project Manager. B.Simmons Sampler Name: Simmons Environmental Serv. Date Sampled: 02/04/9310:30 Date Received: 02/05/93 :0 Date Reported: 02/22/93 n u _:. Anaiyt�cat Parameter Result Unit Tfetecuon Ltmrt Method ' ido Analyst Date Analyzed n `J VOLATILE ORGANICS Acetone ND ug/kg 100 8240 db 02/17/93 n Benzene ND ug/kg 1 8240 db 02/17/93 u Bromodichloromethane ND ug/kg 5 8240 db 02/17/93 Bromoform ND ug/kg 5 8240 db 02/17/93 M Bromomethane ND ug/kg 5 8240 db 02/17/93 L, Carbon Tetrachloride ND ug/kg 5 8240 db 02/17/93 Chlorobenzene ND ug/kg 5 8240 db 02/17/93 M Chloroethane ND ug/kg 5 8240 db 02/17/93 Chloroform ND ug/kg 5 8240 db 02/17/93 Chloromethane ND ug/kg 5 8240 db 02/17/93 Dibromochloromethane ND ug/kg 5 8240 db 02/17/93 n 1,2 -Dichlorobenzene ND ug/kg 5 8240 db 02/17/93 L -J 1,3 -Dichlorobenzene ND ug/kg 5 8240 db 02/17/93 1,4 -Dichlorobenzene ND ug/kg 5 8240 db 02/17/93 1,1-Dichloroethane ND ug/kg 5 8240 db 02/17/93 u 1,2-Dichloroethane ND ug/kg 5 8240 db 02/17/93 1,1-Dichloroethene ND ug/kg 5 8240 db 02/17/93 n cis-1,2-Dichloroethene ND ug/kg 5 8240 db 02/17/93 trans-1,2-Dichloroethene ND ug/kg 5 8240 db 02/17/93 V' 1,2-Dichloropropane ND ug/kg 5 8240 db 02/17/93 rl cis-1,3-Dichloropropene ND ug/kg 5 8240 db 02/17/93 trans-1,3-Dichloropropene ND ug/kg 5 8240 db 02/17/93 Ethylbenzene ND ug/kg 5 8240 db 02/17/93 Methylene Chloride ND ug/kg 5 8240 db 02/17/93 n Methyl Ethyl Ketone ND ug/kg 100 8240 db 02/17/93 f, n lu Page I Matrix Analytical, Inc. 106 South Street F I N A L R E P O R T Hopkinton, MA 01748 1800 3-MATRIX �u Client Information Account: Simmons Environmental Services Project Name: Averka (9212197) (2-5-93) Address: 25 Kenoza Avenue Project Number. 9212197 Haverhill, MA 01830 Project Manager. B.Simmons Sampler Name: Simmons Environmental Serv. t—i Sample Information Lab ID: 30360873-012 Date Sampled: 02/04/9310:30 r1 Client Id: TP-4B, S-1 Date Received: 02/05/93 : 0 j Matrix Soil Date Reported: 02/22/93 _..., .. ..._....... _.__......_ ....... _... ..........._. _....................-. .... ............................................................................................................................................................................................................................................................................................. _........... _.........................__._......._.. . ..... _.... Anatyttral Parameter Result Ur}st DetEettbn . 14. ... Analyst Analyzed . . ..... ....... �+ VOLATILE ORGANICS MIBK ND ug/kg 50 8140 db 02/17/93 !� MTBE ND ug/kg 5 8240 db 02/17/93 1,1,2,2-Tetrachloroethane ND ug/kg 5 8240 db 02/17/93 Tetrachloroethene ND ug/kg 5 8240 db 02/17/93 Toluene ND ug/kg 5 8240 db 02/17/93 1,1,1-Trichloroethane ND ug/kg 5 8240 db 02/17/93 1,1,2-Trichloroethane ND ug/kg 5 8240 db 02/17/93 Trichloroethene ND ug/kg 5 8240 db 02/17/93 Trichlorofluoromethane ND ug/kg 5 8240 db 02/17/93 Vinyl Chloride ND ug/kg 5 8240 db 02/17/93 Xylene ND ug/kg 5 8240 db 02/17/93 SURROGATE STUDIES - VOLATILES Bromofluorobenzene 88 Percent db 02/17/93 f1 1,2-Dichloroethane-D 80 Percent db 02/17/93 Toluene-D 76 Percent db 02/17/93 r� ,ter r-i u r� f--1 J J n Page 2 .L' Matrix Analytical, Inc. 106 South Street Hopkinton, MA 01748 1800 3 -MATRIX F I N A L R E P O R T Project Name: Averka (9212197) (2-5-93) Project Number 9212197 Project Manager. B.Simmons Sampler Name: Simmons Environmental Serv. Date Sampled: 02/04/9311:00 Date Received: 02/05/93 : 0 Date Reported: 02/22/93 C C C C C C 22 mg/kg 2 9073 ja 02/10/93 Page 1 F I N A L R E P O R T Project Name: Averka (9212197) (2-5-93) Project Number. 9212197 Project Manager. B.Simmons Sampler Name: Simmons Environmental Serv. Date Sampled: 02/04/9311:00 Date Received: 02/05/93 : 0 Date Reported: 02/22/93 02/09/93 3051 02/09/93 7470 30.8 mg/kg OS 7061 th 02/12/93 18 mg/kg 1.0 6010 th 02/09/93 3.0 mg/kg 1.0 6010 th 02/09/93 15.5 mg/kg OS 7191 da 02/12/93 13.5 mg/kg 0.1 7421 bg 02/09/93 0.1 mg/kg 0.1 7471 mm 02/09/93 ND mg/kg OS 7741 th 02/12/93 ND mg/kg 2.0 6010 th 02/09/93 Page 1 Matrix Analytical, Inc. 106 South Street Hopkinton, MA 01748 1800 3 -MATRIX F I N A L R E P O R T EClient Information 100 8240 C Lab ID: 30360873-015 Client Id: TP -SB, S-1 Acetone Matrir Soil Benzene Account: Simmons Environmental Services Project Name: Averka (9212197) (2-5-93) Bromoform Address: 25 Kenoza Avenue Project Number. 9212197 �-' Haverhill, MA 01830 Project Manager. B.Simmons Chloroethane I Sampler Name: Simmons Environmental Serv. ESample Information 100 8240 C Lab ID: 30360873-015 Client Id: TP -SB, S-1 Acetone Matrir Soil C Date Sampled: 02/04/9311:00 Date Received: 02/05/93 : 0 Date Reported: 02/22/93 E1-1 ............. - ...... .................... .............. ...... .......... . ........... .................. .. 100 8240 VOLATILE ORGANICS r Acetone ug/kg Benzene L•L Bromodichloromethane 02/16/93 Bromoform ug/kg Bromomethane 8240 Carbon Tetrachloride 02/16/93 Chlorobenzene F, Chloroethane I Chloroform 02/16/93 Chloromethane ug/kg Dibromochloromethane 1,2 -Dichlorobenzene 8230 1,3 -Dichlorobenzene 02/16/93 1,4 -Dichlorobenzene C 1,1-Dichloroethane 8240 1,2-Dichloroethane 02/16/93 1,1-Dichloroethene n cis-1,2-Dichloroethene {� trans-1,2-Dichloroethene 02/16/93 1,2-Dichloropropane ug/kg cis-1,3-Dichloropropene I trans-1,3-Dichloropropene 02/16/93 Ethylbenzene ug/kg Methylene Chloride 8240 Methyl Ethyl Ketone r ND ug/kg 100 8240 db 02/16/93 ND ug/kg 1 8240 db 02/16/93 ND ug/kg 5 8240 db 02/16/93 ND ug/kg 5 8240 db 02/16/93 ND ug/kg 5 8230 db 02/16/93 ND ug/kg 5 8240 db 02/16/93 ND ug/kg 5 8740 db 02/16/93 ND ug/kg 5 8240 db 02/16/93 ND ug/kg 5 8240 db 02/16/93 ND ug/kg 5 8240 db 02/16/93 ND ug/kg 5 8240 db 02/16/93 ND ug/kg 5 8240 db 02/16/93 ND ug/kg 5 8240 db 02/16/93 ND ug/kg 5 8240 db 02/16/93 ND ug/kg 5 8240 db 02/16/93 ND ug/kg 5 8240 db 02/16/93 ND ug/kg 5 8240 db 02/16/93 ND ug/kg 5 8140 db 02/16/93 ND ug/kg 5 8240 db 02/16/93 ND ug/kg 5 8240 db 02/16/93 ND ug/kg 5 8240 db 02/16/93 ND ug/kg 5 8240 db 02/16/93 ND ug/kg 5 8240 db 02/16/93 ND ug/kg 5 8240 db 02/16/93 ND ug/kg 100 8240 db 02/16/93 L__, Page I Matrix Analytical, Inc. 106 South Street F I N A L R E P O R T Hopkinton, MA 01748 1800 3 -MATRIX Client Information Account: Simmons Environmental Services Project Name: Averka (9212197) (2-5-93) Address: 25 Kenoza Avenue Project Number. 9212197 Haverhill, MA 01830 Project Manager. B.Simmons (-1 Sampler Name: Simmons Environmental Serv. LSample Information Lab ID: 30360873-015 Date Sampled: 02/04/9311:00 Client Id: TP -SB, S-1 Date Received: 02/05/93 : 0 Matrir Soil Date Reported: 02/22/93 E.... .... `.'-..."'.'.-...-.,- .......................... - .. ............ .... . . ............ -.1 ... .... ............. I .... ...... ................. .......... -- ... .... .. .......................................... .... ........... ............ ............ ........................... ................ - ............. ...... ...... ...... ................................ ........ ........ . ...................... I....... .:. .... ............ ......................... ............. .. .................... ......... - ................ .. ......... ........ . ....... Detet[ion ......... - ...... ............ .................. .... - ....................... - .... .............. .............. . I........ ................. Method ...... ......................... .. .................. .............. . ....... .... ... ............... ............. . .................... ............ I7Ate C Analytical T'arametertestlt .: .......... .......... UItC I emit .. No.. Analyst . .. .. .................... .. . ............. ....... Analyzed VOLATILE ORGANICS C MIBK ND ug/kg 50 8240 db 02/16/93 MTBE ND ug/kg 5 8240 db 02/16/93 1,1,2,2 -Tetrachloroethane ND ug/kg 5 8240 db 02/16/93 Tetrachloroethene ND ug/kg 5 8240 db 02/16/93 CE Toluene ND ug/kg 5 8240 db 02/16/93 1,1,1 -Trichloroethane ND ug/kg 5 8240 db 02/16/93 1,1,2 -Trichloroethane Trichloroethene ND ND ug/kg 5 ug/kg 5 8240 8240 db db 02/16/93 02/16/93 LJ Trichlorofluoromethane ND ug/kg 5 8240 db 02/16/93 Vinyl Chloride ND ug/kg 5 8240 db 02/16/93 Xylene ND ug/kg 5 8240 db 02/16/93 Lr SURROGATE STUDIES - VOLATILES Bromofluorobenzene 104 Percent db 02/16/93 C 1,2-Dichloroethane-D 104 Percent db 02/16/93 Toluene -D 93 Percent db 02/16/93 C E E E C C Page 2 Matrix Analytical, Inc. 106 South Street Hopkinton, MA 01748 1800 3 -MATRIX F I N A L R E P O R T Client Information Account: Simmons Environmental Services Project Name: Averka (9212197) (2-5-93) Address: 25 Kenoza Avenue Project Number. 9212197 Haverhill, MA 01830 Project Manager. B.Simmons Sampler Name: Sample Information Lab ID: 30360873-016 Date Sampled: 02/04/93 i� Client Id: QC -Report Date Received: 02/05/93 : 0 Matriac Soil Date Reported: 02/22/93 Comment: Soil ... ... u.... Anatydcdl.Pazar....I. Result 13etection:. LPmiic Iamx[ lYlethod 's Date No Analyst Analyzed DUPLICATE STUDIES Arsenic Variance: 8 Percent Barium Variance: 1 Percent Cadmium Variance: Chromium Variance: 0 11 Percent Percent Lead Variance: 19 Percent Mercury Variance: 0 Percent C Selenium Variance: 0 Percent Silver Variance: 0 Percent METHOD BLANK - VOLATILES C Method Blank ND ug/l 8240 MATRIX SPIKE STUDIES - METALS Arsenic Recovery. 111 Percent Barium Recovery: 92 Percent Cadmium Recovery: 87 Percent C Chromium Recovery 80 Percent Lead Recovery. 109 Percent Mercury Recovery: 110 Percent Selenium Recovery. 103 Percent Silver Recovery: 76 Percent MATRIX SPIKE STUDIES - VOLATILES Benzene 96 Percent n n Page 1 W Matrix Analytical, Inc. 106 South Street Hopkinton, MA 01748 1800 3 -MATRIX a F I N A L R E P O R T Project Name: Project Number. Project Manager. Sampler Name: Averka (9212197) (2-5-93) 9212197 B.Simmons Date Sampled: 02/04/93 : Date Received: 02/05/93 : 0 Date Reported: 02/22/93 91 Percent 81 Percent 98 Percent 85 Percent 8240 Metal analysis is performed on digested extracts using Atomic Absorption or ICP Spectroscopy. AA samples are ato- mized using FASTAC auto deposition and are automatically deposited into graphite cells or directly into flame. ICP samples are automatically sampled, nebulized, and trans- ported into the plasma torch. Final results are produced by auto data/reduction and graphics printer. Total petroleum hydrocarbons are performed by Fourier Transform Infrared Spectroscopy (FTIR) using BioRad FTS -7 system. Samples are extracted in freon and subsequently treated with silica gel (to remove vege- table/animal fats) before measurement. 10 and 100 mm sample cells are routinely used to provide necessary detection limits. C Page 2 Matrix Analytical, Inc. 106 South Street Hopkinton, MA 01748 1800 3 -MATRIX Client Information n Account: Simmons Environmental Services Address: 25 Kenoza Avenue Haverhill, MA 01830 r F I N A L R E P O R T Project Name: Averka (9212197) (2-5-93) Project Number. 9212197 Project Manager. B.Simmons Samnler Name: METHOD SUMMARIES Sample Information METHOD REFERENCES Volatile organic analysis is performed using H/P Lab ID: 30360873-016 Date Sampled: 02/04/93 C Client Id: QC -Report Date Received: 02/05/93 : 0 megabore columns. Data reduction is performed on RTE Matrix: Soil Date Reported: 02/22/93 E CommentSoil (� ... .... ........ ......... ....... ......... ...... I . ....... .. .... ... 1-1.1- ............. I .... --.1 ........ I METHOD SUMMARIES METHOD REFERENCES Volatile organic analysis is performed using H/P L.J 5995 or 5970 GC/MS, Tekmar purge and trap, and ALS n autosampler. Chromatography incorporates packed and megabore columns. Data reduction is performed on RTE u 1000 and ChemStation systems. Tuning is based on BFB standards. Procedural guidelines follow EPA 624 or (� SW846 for all analyses. Aromatic volatiles listed in VOA 8020 are analyzed using GC/MS systems. n METHOD REFERENCES u 1. Test Methods For Evaluating Solid Waste: Physical Chemical Methods. EPA SW 846. November 1986. 2. Methods For Chemical Analysis of Water and Wastes. u EPA 600/4-79-200. Revised March 1983. 3. Standard Methods For Examination of Water and Wastewater. APHA-AWWA-WACF., 16th Edition. 1985. C C C Page 3 m I-\.,, w W U c m ° I w N � O Z w � O F Q N ~ v O Z o U C U W e � c A m 5 e m a U m u (oj m A _ w O w yo l = w m t' 0 U LU Q ) LU a Q6 � W � z � C C✓ W W !r O N m o V. G U © ct J z /1 Zuj W G J z rn V� Lu O Z 2 �y U (^ 0 .7 ih M o r- ° L r 1;� s= F U s N Z ^� N LU ULU Q CO N % N J Q M z a m J N E $ L Lo n CD NI N 9 c � rr eL L _ LL V) L� i'1 lel Vl e m L_' F _ n it $ N 7 7 �f'1 ri- W , �� ��� �- 0 c n 7 Q r n� .J fL-CL cL- �. l� �� ; I, 11 xp C Lo I v lu G N C n m Lo o II Y w ° N # N 3 O z W U U W L CC W W m I-\.,, w W U c m ° I w N � O Z w � r � ~ v O Z o U C U W e � c A m 5 e m a U m u (oj m A N : :: yo l = W W y Q Z W !n H O F Q -i N ti n o \ � F \\ � v \ � I y) P � c s e -um M o. j Lu -- - ti�ii N .2 S Q w >[> c U cc i�, uj :' C-1 W Lt N p •1^j. V• h � w m a j 0 LU r r W � W V, N udi J A' W m LU 1L ci w m Q Cl) W O m m J Q Z W :>] Z vl W ti a � 10 � W N N O z +2 N tin p C) DIA 0 CL co N 0 Q co (h I Z w Z = ^ W m N E t co, s N v ` C o 11 o >O _ LL N F- /� 4;11 i h 8 o Z C Ch � > W J Q �l � VI p zx o o a > > CV)ql,� M VSl 111 1 v 'o L. L e x 04 co C LO0 I � LU 11 N G ca co 3 w U-) C "` m 11 ' �L W J: N 39 L. C {j')a N Z iiSB::::p. �+ 11 0 11 3: # O .Z 3 N LU U U W t;:ita4; LL N � IZ w W O Q O tL LU 0 Z ti n o z � F \ � v N O3 N � < m P � c s e -um M o. j Lu O N .2 S Q m p w W U w m 0 Z ti n o z =e ` o e e ;m 1 s e -um O e`ogOr,m a j Lu O = N .2 S w >[> c U cc i�, uj :' a W 0 Z ti n o =e ` o e e ;m s R. c1 e`ogOr,m a B # O L e C m .2 S >[> c eeeeeee uj :' Ex ai z r I C 0 I M M r M r 0 I b W Oleo 3r4,. O G7 SUBJECT: FROM: TO: UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Region III 841 Chestnut Street Philadelphia, Pennsylvania 19107 January 28, 1993 Risk -Based Concentration Table, First Quarter 1993 Roy L. Smith, Ph.D., Senior Toxicologist Technical Support Section (3HW13) - RBC Table mailing list 410000 J QAh "tel Attached is the EPA Region III risk-based concentration table, which has been distributed quarterly to all interested EPA offices and private parties since March 1991. If you are not currently on the mailing list, but would like to be, please call Anna Poulton (215-597-3179) and give her ,your name, address, and phone and FAX numbers. The table contains reference doses and carcinogenic potency slopes (obtained from IRIS through December 1992, HF—AST through July 199.7 OHEA-Cincinnati, and other EPA sources) for nearly 600 chemicals. These toxicity constants have been combined with "standard" exposure scenarios to calculate chemical concentrations corresponding to fixed levels of risk (i.e., a hazard quotient of 1, or lifetime cancer risk of 10.6, whichever occurs at a lower concentration) in water, air, fish tissue, and soil. The Region III toxicologists use this table as a risk-based screen for Superfund sites, and as a desk reference for emergencies and other requests for immediate information. The table also provides a useful benchmark for evaluating preliminary site investigation data and contractor -prepared preliminary remediation goals. The table has no official status as- either regulation or guidance, and should be used only as a predictor of generic single -contaminant health risk estimates. The table is specifically not intended as a substitute for EPA guidance for preparing RI/FS baseline risk assessments or setting site-specific cleanup levels. The toxicity information in the table has been painstakingly assembled by hand, and (despite extensive checking and several years' use) may contain errors. It's advisable to cross-check before relying heavily on any numbers in the table. If you find any errors, please send me a note. .This update of the table contains new inhalation reference concentrations derived by EPA/ECAO for benzene, carbon tetrachloride, and 1,2-dichloroethene. However, since all three compounds already had inhaled carcinogenic potency slopes, the risk-, based concentrations have not changed. No change to IRIS since the last update of this, table has caused any change in a risk-based concentration. Attachments Risk -Based Concentration Table Background Information The risk-based concentrations were calculated as follows: GENERAL: Separate carcinogenic and non -carcinogenic risk-based concentrations were calculated for each compound for each pathway. The concentration in the table is the lower of the two, rounded to two significant figures. For non -carcinogens, the averaging time equals the exposure duration, so the exposure duration term has been used for both. The following terms were used in the calculations: General: Carcinogenic potency slope oral (mg/kg/d)-': SF, Carcinogenic potency slope inhaled (mg/kg/d)": SF; Reference dose oral (mg/kg/d): - MD. Reference dose oral (mg/kg/d): RfD; Target cancer risk: TR Target hazard quotient: THQ Body weight, adult (kg): BW, Body weight, child age 1-6 (kg): _ BW. Averaging time (years of life): AT Air breathed (m'/d): Drinking water ingestion (L/d): IR,' .Fish ingestion (g/d): ]R� Soil ingestion - age adjusted (mg/d) IRS, Soil ingestion - age 1-6 (mg/d): .. IRS., - Soil ingestion adult (mg/d):. Residential: Exposure frequency (�Y)� Y ., .T - .. EFS Exposure duration (y): . >. -.. _ .. _ ED,' .. Volatilization factor (Uma: VF Commercial/industrial:- - : Exposure frequency (d/y): :,.3 EF, . Exposure duration (y): . - ED. The priority among sources of toxicological constants was as follows: (1) IRIS, (2) HEAST, (3) : HEAST alternative method, (4) ECAO-Cincinnati, (S) withdrawn from. IRIS, (6) withdrawn from HEAST, and (7) other EPA documents..Each source was used only if numbers "from higher -priority sources were unavailable. ;.Numbers from PHRED and non- . EPA'sources are no longer included. ''-• `'fi . '=��`Z���s'; �:.c �`= ' a-..1':. ALGORITHMS: 1. Residential water use (gg/L). Volatilization terms were calculated only for compounds with "y" in the "Volatile" column. Compounds having a Henry's Law constant greater than 107f were considered volatile. The list may be incomplete, but is unlikely to include false positives. The equations and the volatilization factor (VF, above) were obtained from the draft RAGS M. Oral potency slopes and reference doses were used for both oral and inhaled exposures for volatile compounds lacking inhalation values. Inhaled potency slopes were substituted for unavailable oral potency slopes only for volatile compounds; inhaled RfDs were substituted for unavailable oral RfDs for both volatile and non-volatile compounds. a. Carcinogens: TR • BW • AT 365_' • 1000=s ° r as EF • ED, • ([VF • IR. • CPS ] + [IR. - SFJ) b. Non -carcinogens: THQ • BW • ED, • 365! • 1000" VF • IR IR EF • ED ° + RfD, RfD° 10 2. Air (µgW). Oral potency slopes and references were used where inhalation values were not available: - a. Carcinogens: - TR • BW • AT • 365! - 100009 Y As EF • ED • IR • SF. - _ b. Nori.carcinogens:- _ THQ RfD, - BW • ED„ • 365! • 1000.1_ - - - Me EF • ED • IR - 3. Fish fml*g): a. Carcinogens: TR • BW • AT • 365° ° r EF ED IRS • SF 1000a kS 3 b. Non -carcinogens: THQ • RJD° • BW • ED, • 365" EF•EDIRj. 10001 jW 4. Soil commercial/industrial (mg(kg): The default exposure assumption that only 50% of incidental soil ingestion occurs at work has been omitted. a. Carcinogens: TR- BW • AT . 365d • r _ IRS EF • ED • SF ° 106 - - - b. Non -carcinogens: THQ - RJD° • BW - ED° • 365° IRS EF • ED ° 10° 5. Soil residential (mg/kg): a. Carcinogens: TR -BW -AT • 365° :,,.,.... EF - ED, IRS CPS 106 kX b. Non -carcinogens: -:7. __.Q RfD.._BW ED •.365'_ _ •_�. IRS EF ED106 4 ..t� C14 en r 1 N ..t� C14 en r N 1 72 A.. _��........ 2 ssx+.tic: >�..„ cw-:»:Y.;. s .•-, c a•:. �. _ -.: F - - •..r cm �• -. GN cm L - v fn L C" es . eq • ' v. 3 es L �• G G C G C .. �, : 3 03 . �C c _ �: y e y p us V3 . 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V . .' .. . . . . . . O T R 1 N R_ R O_ T O .•+ RR_ M_R O 00 •O C% N O -_ .� .N •.O -N . e R CT m Op F F .O . •O .N .� .0.R .N .Q .� pN ? .w .h .,d .N N . v.Q. a .p. .p. .40 O. . . . . L. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' .3 . . . . . . . . . . . . . . . . . . . . . O N m N N O e O •� O �p 8 p F N O O •' •,,,� 'Q .N •.w •� •O� •O •� •� •N •t�1 •O •O •Q •en .h .^ . . . . . . . . . . . . . . . . . . T R CkO M F !V N(a r0 M .n .N .� . .,p .^ .N.' .N .N .N . .F t- . . . . . . . . . . en:O tj . ... .p . C - .O . .O . C - O C v C . . :N :F .' .N .O .. . .N .F .O .,C . .c .N .F .O .O O .N .N .� .N .^ :� .� :� .^ .N .^ .F :� .O .O .' .R . G O O Q O .�•' •� v1 OC O e C co in .n .7 .O F F Q .� •T • ` ..' ••' .-' .' .' .' .' .' .L . .._ ._ . .' . ._ .' .' . .' . .' .'. ° .' .' .' . . n .••. N . G..� ... .0 ' .E :C':C p:T.O .meqq c' E• ao C �. a, a�. e o a e a e .e e e e Z -:l L'<<cccncc �cc�cccccca ju E Q- . E = v: C � r g '� L p - -C•� L °•w-��L�'C�' L.O t •O •N•N•u•N•N•L•Q.Q•E•E•E•E•�•E�E•E•G3'. - m co =mom cs m m m m m e m "m m - . . . . . T. �. �'`. �. .. �. T. T. T. . �•. .Q .' .Q . '• •J U + �• +. j + J y 0! L N N .N .N . .m L H . .' C4 C4 S .N .. .N .N ...N ..F .N _� _ N T N . . . . . . . . . . . . a tj .� •T • ` ..' ••' .-' .' .' .' .' .' .L . .._ ._ . .' . ._ .' .' . .' . .' .'. ° .' .' .' . . n .••. N N h N N N .Q. -•O O N �. •-• e•! N N N N N N .O . .O .? .O .O N N Pf N eh N WT .e. C h wiT •F •T e�1 N `P1 '� N '� 'N ' `e+l - .y .^ y .N .. .Q.N .N .,Cp; •N . G..� ... .0 ' .E :C':C p:T.O .meqq c' E• ao C �. a, a�. e o a e a e .e e e e Z -:l L'<<cccncc �cc�cccccca ju E Q- . E = v: C � r g '� L p - -C•� L °•w-��L�'C�' L.O t •O •N•N•u•N•N•L•Q.Q•E•E•E•E•�•E�E•E•G3'. - m co =mom cs m m m m m e m "m m - z oN '•O .•r VI ~C4!n � 'h QI e��1 ^r N f .O �O y •O vf O M1 L .o! hN NO .�+ •YT1 •.•• • •VO . .N •c�• •O .N �O •� J oma_ N .Q . .. .. .`Q.Q. . pQ•N 3 `Q •S • .9 •~ l� N C R- • `O •�.m .O S .N 1 .T 1 .T .N .'3 .O O C N .� .N . .T N N N •N .O .N . .S .� , .N .T. . Jv . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... .T .r .r . 0N.^.N .'. Q .N . .'. .O. .m O^OOp�Q�p0% ...S ..S.. ^r- C4 C4 NN� .•ST :.� .C. ..O ..O ...O .•� ...� .O ...^ .. -.NO . .O .. .....r. v N .. . . . .. ._.T.`Q�'. .T.O.N.O.O.�.M1.O.N.N. .�. .N.N. .�. .�. .�.^� p. . S ^ •O •O .w N •lr •� •O C" .^ .N -p ,N.N en •N .� .O .N c .O . .^ .O.N .N .N . .~ O O -N - M ..n O O 0 0 .S .46 i. _ . . . . . . . . . . . Q. . . . . . . . . . ., . . . . . . . . . . ::^.�-.�.T.Q-`.O. .N .O -.O.�.O. .y :O :N .O.�. .O .O :0::0:0.0.0. .�.N.� ... •N C •^ •N •N •OO •1� •N •N rq •vn •t+ •Nf •vf •cif ee++ff teff OO •v1 •N ••� •.•. •.+ G .Nfes .�. �.0 N. i e0 �. .^. .O. . • • Y� T• T• T T u 7.7. . . . . .. . . . . . . . . . . . . ."' . . . . . . . . . . . . . . e H . . . '�.�.Z .Z .L..'�. .L. . . . . . CA MA" .�..5. . . .. . . . . . . ..Cp��.Qf •� •� cif �OOQu O.. .. .�1 . O. .. . . . . . . . . . . . . .' . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . ... . . . . . t V _ •41 •4 . . . . . . . �-� ?•?•?•S•q-�•4'4'4'4'.�-'4'4'�'4'4'4�' .?'?' 'Q 'R'_•'4 N'�?'�?•� 4'4' _ •Q• Z.S 2S '2�5 Vf N .21V5.... „ :v� :.» :Z.»5 •.� .3�.N .2.r5 N f j 'a 'C4 f N .lV .� . . . . . . •� .�•o r - �.?a � .,.y. •.p. r O,Y - .w: .C.°� moo, `•a''D 7�Q - i- T 'C'u %<C=r. 'Y �•S •A O'C C 4•is •S •D •C C•Y E Y Y ..•a•r ;.1 ` C :.� Y .=.�.0 .R 416 •'E• .. _ .0c I-rl.YE. c.;,•o --�Ec�l:�.9A'a_;w• 1.1 ae C C C Q s o 0 8 8 p.O . pC 9 a q� C.'q 'q L q� . ° ° . ° •s • ° • ° • ,roc -o A . 'cc d i V �r° O 0 C� C� C��UZZ t3•a 6 C� U �7 U 6 U U�� Li . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + t . �• y' 71 .T .N .N . L N1 L L . C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . _ . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . ... n �. MN N ••est N N T p et •Q' �Q"Q 'Q 'Q •Q 'Q "Q 'S 'O'� N N •e+1 • �� ••+ !H N N N- N �+ �+ N .•� O 'N Q Q Qi -N QNqNQN H1 .Q'. c 'v1' �.r 'CV 'N 'epi •.+'y .O 'v "v1' •M. .Q .N. .^.�.Q.T.�.„.N .N .„.�.�.T .h .g .N .�.^.F .y. .Z' ;:.E.�Ei.$ a, 5'_,.z:m.w `,�c.e:u ^•Q a s L•g•�•Q L y e'e'v'= 5 �`,�'e a ee�ee e g E ° j� eg �'��` C °°.�...t.8 V9c- �..ar�uH.I.ga p c'e'p L� r L c' bb'U'�' 'c�'c�'d chi'ci'�”�i'o'c�'c�'�i,''C'•�''�'x•a°.'.2'"'$'A-'a'��i'Z�i"c „.SZ.Q.�.o..�.Q.S�. 4.0.8_$.$ 8 8_ $ �.�. J a .A . v •J . 1 - . . ^ .Q . .QQQ ..QjQ .S .SQ .8 . . N V'1 .op . .'? l'1 T 7 CT N N N %n R �N �i .••� oO _ r . N +. ,N .h ffpOVV v1 , ” ............................. . O .+ v a0 � _N O �aO0 NO O •N NQ 1a0 M: 00 Q O %O �ON . .:::p - v . . . .. M O .^ F O CON Opp C% F •... P1 O 1 N O v� T m . .Q '. O •70 O O O ^� M en O O O O O .cF1 ;r.:y1 .y1 •CO :F :F :00 .M :� .y=:0 . . O 00 F F .� .0 .O .In � S. .� .... Al .O .O .O .O . .O .^ . . . Q . N .F .� •F .� .N .' .,� .F .S ..• en OD In m cq 3 aG . . . . . . . . . . . . . . . . . . . —.�. . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + t . �• y' 71 .T .N .N . L N1 L L . C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . _ . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . ... n �. MN N ••est N N T p et •Q' �Q"Q 'Q 'Q •Q 'Q "Q 'S 'O'� N N •e+1 • �� ••+ !H N N N- N �+ �+ N .•� O 'N Q Q Qi -N QNqNQN H1 .Q'. c 'v1' �.r 'CV 'N 'epi •.+'y .O 'v "v1' •M. .Q .N. .^.�.Q.T.�.„.N .N .„.�.�.T .h .g .N .�.^.F .y. .Z' ;:.E.�Ei.$ a, 5'_,.z:m.w `,�c.e:u ^•Q a s L•g•�•Q L y e'e'v'= 5 �`,�'e a ee�ee e g E ° j� eg �'��` C °°.�...t.8 V9c- �..ar�uH.I.ga p c'e'p L� r L c' bb'U'�' 'c�'c�'d chi'ci'�”�i'o'c�'c�'�i,''C'•�''�'x•a°.'.2'"'$'A-'a'��i'Z�i"c ,tn ,7D ,� .,0� .N .rN•• .Q .Q .Q .,'�• .� .� . .}3 .O� .N .S -Q .S -e�1 .e+1 •a0 •N -1 .� .� .Q �S N . • .0oN0O . .NN .c. -(4 .7.N .N — .^ C. ;O h .N .� . .N L C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . O N s? .n n O N s •OO s_ •O -O a0 S .S •g N •O $ Q• N m_ ^ O N O O . .P .�.M tn O v = bXQ `h .Q tn.". -" -� - .N C _ . (� � v . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ^ .000 .M -en. =.,.N.N.'. M. O.O._ .^ O O .S M Q •P •N •N •O o •N •�.^.~ •O Q O . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r- . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . �' •O .O . .0 .0 .M . .O . D .O .OM .��^•• .N . . . .p . . .O .O .._..� . an ^ .� . .p.-^.. .-tV .•tV .•M •N •M -P; 4; O.O.NaOP Cl .0N40 -•c•Q•M..M.N •M t•N N M N N en .. O O O Q o Z 3 . . . . . . . . . . . . . . . . . . . . . . . . . . Q. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . v S •.• •N •N N . •� -M .M . .N •� •� •S •� .O .O .� .^ .N :S :O .y .. .O .N .O .O .O :O .O .� .N .M . �O •M •N •N •� N 'M •b •,,n cQ� •� •Q 'N p •N •`Q •N •N •r.. •� •N 'N •,,� •Q •N • ¢� � . .O .O .O .O . .O O .8 .� .r+ .r1 _N .� .Q .^' .e•f a0 .O � .� .N .O . ."'..0 .� .Q .p . i aD .p . .O. .O . _ _ . . . . . . . . . . . . . . . . . . . _ . . . . .—. . . . 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N. 08-27-03 11:16 PM Guest Folio Extended Stay America #576 102 Newbury Street Danvers, MA 01923 978-762-7414 Guest Name: AVERKA, JOSEPH Address: City: NORTH ANDOVER, MA 01845 i ti 1 of 1 Room: 104 -------------------------------------------------------------------------------- Arrival:8/28/03 Depart:8/30/03 Res:21354 Rate:$89.00 -------------------------------------------------------------------------------- Date -------------------------------------------------------------------------------- Description Charges Payments Balance -------------------------------------------------------------------------------- 08/28/03 Security Deposit $25.00 $0.00 $25.00 08/28/03 CASH $0.00 $25.00 $0.00 08/28/03 -------------------------------------------------------------------------------- CASH $0.00 $195.2'8 ($195.28) -------------------------------------------------------------------------------- Printed For 08/28/03 - 08/28/03 Folio Summary For 1. Room Folio ----------------------------------- ----------------------------------- Room Charges: $0.00 Other Charges/Credits: $25.00 Phone Charges: $0.00 Taxes: $0.00 Payments: ($220.28) Total Balance Due ($195.28) Visit us online at www.extendedstay.com 0 27-03 11:16 PM Guest Folio Extended Stay America #576 CONFIDENTIAL 102 Newbury Street Danvers, MA 01923 978-762-7414 Guest Name: AVERKA, JOSEPH $0.00 Other Charges/Credits: $25.00 Address: $0.00 Taxes: $0.00 City: NORTH ANDOVER, MA 01845 ($220.28) 1 of 1 Room: 104 Arrival:8/28/03 Depart:8/30/03 Res:21354 Rate:$89.00 Date Description Charges Payments Balance -------------------- 08/28/03 Security Deposit $25.00 $0.00 $25.00 08/28/03 CASH $0.00 $25.00 $0.00 08/28/03 CASH $0.00 $195.28 ($195.28) Printed For 08/28/03 - 08/28/03 Folio Summary For 1. Room Folio Room Charges: $0.00 Other Charges/Credits: $25.00 Phone Charges: $0.00 Taxes: $0.00 Payments: ($220.28) Total Balance Due ($195.28) Visit us online at www.extendedstay.com f I n i fl 0 a 0 SIMMONS Environmental Services, Inc. III ,�IMMONS FILE COPY Environmental Scn ices. Inc r- n SUBSURFACE INVESTIGATION u n AT: AVERKA PROPERTY 383 ABBOTT STREET NORTH ANDOVER, MASSACHUSETTS n PREPARED BY: u -� SIMMONS ENVIRONMENTAL SERVICES- INS: 25 KENOZA AVENUE HAVERHTLL, MASSACHUSETTS 018'30 r1 MARCH, 1993 r� PROJECT NUMBER w 9212197A r� v ri F� J n r� W l V n - SIMMONS - Eni ironmenvl Scrcices. Inc. u.: Table. of Contents 1.0 Executive Summary - u 2.0 Background n - _ Lj 3.0 Test Pit =Placement Figure I.- Site Locus r� Figure 2 - Site Location Test Pit Field Logs Photographs r� 4.0 Discussion of Results '-' 4.1 Volatile Organic Compounds 4.2 Total Petroleum Hydrocarbons n 4.3 Total Metals L 4.4 Physical Inspection of Test Pits n 5.0 Conclusions f 6.0 Recommendations 'n 7.0 References Li Analytical Data Section 17 Appendix I - MDEP Jar Headspace Procedure L 'n L n ._.i n u f v u W I� L ....... .............. .......... SIlVIMONS _ n•imnmental Sen ices. Inc 1.0 EXECUTIVE SUMMARY =- Simmons Environmental Services, Inc. (SIMMONS) has conducted a limited subsurface exp4oration at a portion of the property owned by Mrs. Faye.Averka. This property is I" located at 383 Abbott Street, -North Andover. Massachusetts. The purpose of the exploration was to determine the nature of `+ fill materials from offsite sources to bring the property to r{ grade with Abbott Street. u The site activities involved placement of five test pits each advanced to depths where native topsoils and subsoils were encountered. Four individual sample composites rl were collected from each test pit. Individual sets of these i� composites were analyzed for volatile organic compounds, u total petroleum hydrocarbons and heavy metals. The fourth r� !I set of these composite samples was given to representatives u n of the Town of North Andover who observed the test pits. u Analysis of the soil samples indicated no volatile n organic compounds with the exception of Test Pit #i. A u single volatile organic compound, toluene was reported in Lthis sample at a concentration of 200 parts per billion. Analyses of the sample composites by gas chromatography using a flame ionization detector did not indicate the rt presence of petroleum hydrocarbons. T-1 Zib ,SIMMONS- E - - =- mironmentalScr icr..Inc. Results.of -metals -analyses indicated concentrations well within naturally occurring background levels and less than the "reportable concentrations"-limits as proposed by the Massachusetts Department of Environmental Protecti-on in its proposed revision of the Massachusetts Contingency Plan' U (MCP 310 Ci`1R 40.000). h - L, Based upon the fill materials observed, the source(s) of fill as described by the property owner and the analytical results, it is SIMMONS opinion that the property poses minimal environmental risk. w 2.0 BACKGROUND The Averka property on Abbott Street, 'north Andover has I been the subject of substantial neighborhood concern focused through the municipal Board of Health. The concerns involved (L alleged disposal of solid waste possibly contaminated by oil. J and/or hazardous materials. These concerns culminated in an 7 administrative order issued in May of 19922 and a Complaint M filed in District Court in August of 19923. L' In early December of 1992, a site meeting was held with various parties to the proceeding being present. These u included Mrs. Faye Averka (property owner), Joseph Averka (Mrs. Averka's son), Thomas Caffrey, Esquire (legal counsel r, to the Averka's), Fred Ramey of Ramey Construction, Inc., and I , L L u _...... ............. SIMMONS EnvironmentaIScrcicc>.Inc. Allison Conboy (Agent far the Board of He�ltli,. Town .of North Andover)- and William A Simmoris of SIMMONS. The purpose of �! the meeting was to discuss a_possible scope of work involving U placement of exploratory -test -pits on the property and collection/analyses of soil samples. The purpose of these proposed activities was to determine if oil and/or hazardous materials were present via chemical analyses of samples. C' A specific written proposal based upon this site meeting LJ was developed and sent to Mrs. Averka through her counsel. After her review and acceptance, a copy of the proposal was sent to Ms. Conboy at the North Andover Board of Health for `J comment and acceptance prior to initiation of any field work. On January 7, 1993, Ms. Conboy indicated her written acceptance of the proposed scope of work provided that a. n statement was included regarding risk 4. rl Because of scheduling conflicts with SIMMONS, and L� personnel from the Town of North Andover, actual site work did not take place until February 4, 1993. The balance of this report will focus on test pit excavation activity and discussion of results of chemical analyses of samples collected. W 71 1 W 1 LrJ` i u C • MMONS imnmcmal>crciccs.Inc . _ _ -- 3.0 PLACEMENT OF TEST P"ITS On February 3. 1993, a rough sketch was developed by SIMMONS showing the appropriate location of five test pits to Cbe developed on site at the Averka Property. 383 Abbott Street, North Andover. MA. This sketch was transmitted to Ms. C Conboy by facsimile machines. In the absence of any n response, SIMMuNS proceeded with she test pit installation on Lj February 4, 1993. The following ?igures provide a Site Locus (Figur~ ! M and a Site Plan of the placement of the test pits (Figure >). L L� r7 E' i n L f - i r L, r7 L� 11 I 0 0 0 0 0 n I 1 I u z rn nh f mpmgar;37. QO•�-�� J _ 1 4 �pE T 48.6 s' : • 'Center 62 - OACE % Town Farm - �o%EP�� . � \\ -c�° i � • .oma :� ' �_ i�'il — Fa'nTJ'inch - $'2' w- j :Kl\\\ - SITE LOCUS �f ; � sass '__ I. -_ �•• ��5• .• _ �`: • .040-._ . �i _ {_`�, ,' ` w , � � O• MIS so r----� •� 9�� o ' � ��� �\_ _ � �� 1 / i JO ST YVOO C lz ep n SIMMONS FIGURE 1 SITE LOCATION NORTH AN�OVE:R, MA SCALE: 1"=2100' PROJECT #: 9212197 0 0 o 0 c 0 0 0 c Q A �Lij C � W Cco a C � C C C C C C C SITE PLAN of A/ER-KA PROPERTY sl-�owi ng AREA OF FILL a n d ST PIT. LOCATIONS by SIM)�dONS. Nj SE! Vjj�p 4 1M.EN.T A L MyIL1 `IvfA '01830 508=521. 333 FEBRUARY 1993 PROJECT #: 9212197 C - 5MMONS Em ironrmrnial }cO ices. Inc. a4.0 DISCUSSION OF RESULTS 4.1 Volatile Organic Compounds (VOC)- The original work scope contained.wi.thin the December 10, 1992 proposal had called for analysis of volatile organic compounds only in those instances where jar headspace Escreening results had indicated concentrations greater than 10 parts per million (ppm). In light of concern surrounding E this property and perception of sludge and petroleum-uel_.E having been disposed at this property, the work scope was modified to include volatile analysis of each test pit by EPA n L Method 8240. This method is based upon a gas Cchromatographic/mass spectrometric detection principle. The method measures thirty-three (33) individual volatile organic compounds at sensitivities as low as 1 part per billion. All field samples to be tested for volatile organic n u compounds were collected in 40 milliliter Borosilicate glass n vial prefitted with a teflon septa. The samples were placed on ice after collection and stored under refrigeration until released to the subcontract laboratory representative on 2/5/93. A chain of custody and the raw analytical data are provided within the Analytical Data Section of this report. Of the five composite samples, no volatile organic u compounds were detected with the exception of Test Pit ##1, r } � J 1 r C- - SIMMONS ,"Emimmentlkn ices. tnc. Sample 5-2. This sample exhibited a concentration of toluene at 200 parts per billion. After a telephone conversation with the Director of the subcontract analytical firms' organic laboratory, a second alliquot of this sample was also n analyzed'. This second analyses confirmed the presence of tJ toluene. n, Toluene is a very common aromatic (ring structure) M volatile. It is the 27th highest volume produced chemical in �+ the United Statesa. It has numerous uses ranging from a fuel blending stock to medicines. dyes and perfumes. Li There are no quantitative standards for allowable limits M toluene in soil within either federal or state environmental u regulations. Groundwater and public drinking water quality �+ standards for toluene are 2000 parts per billions. MDEP has proposed a notification concentration of 10 parts per u billion for soil containing this volatile organic n compound". The reportable concentration does not in and of u its self mean that remedial work is necessary or may be u required. In SIMMONS opinion. the presence of this volatile probably is the result of a herbicide application as the materials encountered were predominantly wood chips and grass V cuttings where a solvent based weed control chemical may have f u M u CSI-MMONS - rcirnnmental Sen•ias.Inc been applied. When toluene is found in petroleum fuels, it is usually present along with three other characteristic Cvolatiles i.e. benzene, ethylbenzene and..xylenes. None of these were observed in this sample. Given the grossly different composition of fill materials in TP#1. i.e. grass Cclippings/wood chips, the absence of other characteristic petroleum volatiles lends credence to the speculation Cconcerning the source of this isolated volatile organic compound. 4.2 Total Petroleum Hydrocarbons [� A composite sample of the fill materials in each test L pit was analyzed by EPA Method 418.1. This method employs freon extraction followed by treatment with silica gel and finally measurement of light (infrared) absorption according CI to Beers Law. The method is non specific as any carbon to carbon bonds which absorb infrared energy result in a positive response. The results of the analyses are summarized as follows: Test Pit mg/Kg (ppm) TP #1 260 TP #2 38 TP #3 710 TP #4 760 TP #5 22 L r r �IMMONS - � cironmrntalScrcicc}, Inc. - I, MDEP policy concerning reuse of soil. -containing total - petroleum hydrocarbons indicates that a range of 100-300 ppm U may be considered depending upon site characteristics, i.e-.. the lower concentrations being applicable in areas of heightened environmental concern and residential settings while the upper bound would be applicable in commercial and industrialized areas"'. The measurement of total petroleum hydrocarbons is a non specific measurement as discussed above. In order to determine if the affected soils present an environmental threat, industry standard operating procedure and MDEP 71 guidance is to provide further data by use of gas chromatographic/flame ionization detector analysis or GC/FID M: fingerprinting which identifies specific petroleum sources r-1 n All soil samples from this project exhibiting concentrations L' of total petroleum hydrocarbons greater than 100 ppm were further analyzed using ASTM D-3328-78 as recommended in MDEP's guidance for the Investigation Assessment and CRemediation of Petroleum Releases, Policy WSC-401-91. The results of these analyses which follow indicate that none of the samples contained petroleum hydrocarbons identified within the methodology. These include Diesel, #2 fuel oil, #4 fuel oil, #6 fuel oil, gasoline, jet fuel,. C n C . ,IMMONS nrnnmcmai Scn u -S. Inc. r C kerosene, lubricating oil, paint thinner, turpentine and Cpetroleum naptha. El _. C Ei C C El C C C n L C Lj C L M f all I ',J �A Matrix Analytical, Inc. 106 South Street. F I N A L R E P O R T Hopkinton, MA 01748 1800 3 -MATRIX lnformanon _ Client Account: Simmons Environmental Services Project Name: Averka (9212197) (2-5-93) Address: 25 Kenoza Avenue _ Project Number. 9212197 Haverhill, MA 01830 Project Manager. B.Simmons Sampler Name: Simmons Environmental Serv. Information - Sarnple Lab ID: 30360873-001 Date Sampled: 02/04/93 09:00 C Client Id: TP -1, S-2 Date Received: 02/05/93 : 0 Matrbc Soil Date Reported: 02/22/93 C,: , 1: Parameter; :. Anal}gica. Deteciaon Method Date Umt' Lmit _ No AnalysE Analyzed HYDROCARBON ANALYSIS Total Petroleum Hydrocarbon (IR) 260 mg/kg 4 9073 ja 02/08/93 C Fingerprint Results The chromatograph is not indicative of the petroleum hydrocarbon products identified by this method. GC -FID fingerprint procedure provides for the C characterization of the following hydrocarbons: (1) Diesel/#2 Fuel oil (2) #4 Fuel oil (3) #6 Fuel oil (4) Gasoline (5) Jet Fuel (6) Kerosene (7) Lubricating oil (8) Paint thinner (9) Turpentine (10) Petroleum Naphtha CChromatogram 02/17/93 File 2589Z D 3328-78 ss Carbon Range Not applicable. Not applicable. Carbon Range f-1 L Comments: rl li v1� Not applicable. -M 1.- i�V. eN aiMP•4 E�=' i it 160000 14000C 12000 • 3.5 -3.Z .S 8000 `.0 �1 l.e 6000c 4000 a000 { - 8 -�...._.._ � �r---�` .a Page 1 12 16 20 24 28 -. 36 Matrix Analytical, Inc. 106 South Street F I N A L R E P O R T Hopkinton, MA 01748 1800 3 -MATRIX _ Client Information Account: Simmons Environmental Services Project Name: Averka (9212197) (2-5-93) Address: 25 Kenoza Avenue Project Number. 9212197 Haverhill, MA 01830 Project Manager. B.Simmons iscoa� Sampler Name: Simmons Environmental Serv. Sample Information lc000 - Lab ID. 30360873-007 Date Sampled: 02/04/93 10:00 Client Id• TP -3, S-1 Date Received: 02/05/93 : 0 Matrvc Soil Date Reported: 02/22/93 HYDROCARBON ANALYSIS Total Petroleum Hydrocarbon (IR) Fingerprint Results Chromatogram File Carbon Range Carbon Range Comments: 710 mg/kg 20 9073 ja The chromatograph is not indicative of the petroleum hydrocarbon products identified by this method. GC -FID fingerprint procedure provides for the characterization of the following hydrocarbons: (1) Diesel/#2 Fuel oil (2) #4 Fuel oil (3) #6 Fuel oil (4) Gasoline (5) Jet Fuel (6) Kerosene (7) Lubricating oil (8) Paint thinner (9) Turpentine (10) Petroleum Naphtha 2590Z Not applicable. Not applicable. Not applicable. D 3328-78 ss F1:• :2!?0. 1.0 amu,. �cM :awD t +.cw r..::: -c T1e 77 2ooeot�i � .; �.o iscoa� lc000 - ' 140000- 3.2 -ce00 2.5 F=.+ l0000M so0o^� 2.0 60001 �eoo^I ttC 200M � 1 rr Q'1 :2 16 20 ct 2Y 32 A 40 �4 •& 02/08/93 02/17/93 Page 1 Matrix Analytical, Inc. - 106 South Street F I N A L R E. P O R T Hopkinton, MA 017.48 - 1800 3 -MATRIX - Client Information Account: Simmons Environmental Services Project Name: Aveda (9212197) (2-5-93) Address: 25 Kenoza Avenue Project.Number. 9212197 Haverhill, MA 01830 Project Manager. B.Simmons Sampler Name: Simmons Environmental Serv. Sample Information - Lab ID: 30360873-010 Date Sampled: 02/04/93 10:30 Client Id: TP -4, S-1 Date Received: 02/05/93 : 0 Matrix: Soil Date Reported: 02/22/93 HYDROCARBON ANALYSIS Total Petroleum Hydrocarbon (IR) Fingerprint Results Chromatogram File Carbon Range Carbon Range Comments: 750 mg/kg 20 9073 ja The chromatograph is not indicative of the petroleum hydrocarbon products identified by this method. GC -FID fingerprint procedure provides for the characterization of the following hydrocarbons: (1) Diesel/#2 Fuel oil (2) #4 Fuel oil (3) #6 Fuel oil (4) Gasoline (5) Jet Fuel (6) Kerosene (7) Lubricating oil (8) Paint thinner (9) Turpentine (10) Petroleum Naphtha 2591Z D 3328-78 ss Not applicable. Not applicable. Not applicable. 02/10/93 02/17/93 Page 1 El - IMMONS jm nonmcntal Serviccs. Inc. Upon review of.this information,---the-laboratory El - director.. Mr. Robert Curtain, was contacted and a discussion Gregarding the most likely source of interference as reported in the results from Method 418.1 took place14. Based upon Cthe review of the chromatograms, Mr. Curtain indicated that the most likely source of carbon containing substances in Ethis soil would be weathered asphalt material. His opinion was based upon the exceptionally high carbon numbers and very late eluding times as indicated within the chromatograms. M Therefore, the soils do not contain characteristic n petroleum hydrocarbons which would require management under `J WSC-89-001 or 310 CMR 30.000. n 4.3 Heavy Metals I Consistent with the originally proposed work scope, a Ecomposite soil sample of the fill materials in each test pit F, was collected. These samples were analyzed by various EPA " methods (principally atomic adsorption) at the subcontract n Lanalytical laboratory. The following table presents these results and compares them to two reference sources: the first, Naturally Occurring Metals Concentration, published by r, U.S.G.S. for the Eastern Range in 198415; and the second, L' Recommended Concentration For Notification as contained Ewithin the revision to 310 CMR 40.37416 as proposed by MDEP L� \ IlVMONS - mironmcntal5rrciccs.Inc. Test Pits.#1_.75=were advanced on February 45 1993 using a John. Deer Model 710 Backhoe. All test p-its.were advanced under the direction of a -staff geologist from SIMMONS. In each case the excavation was continued until natural Csubsoils were observed Each test pit was approximately 1- 1/2 to 2 feet wide and extended 5-6 feet deep. Groundwater L� was not encountered in any of the test pits. In general. fill materials were encountered in the five '-' test pits to depths ranging from 17" (test pit #211 to 44" C, (test pit T5). Fill materials encountered in Test Pi'; #1 consisted principally of wood chips, grass clippings and a C, thin lens of clayey gravel. This particular pit was odiferous because of decaying organic matter i.e. grass V clippings and wood chips. CTest Pit #2 had the shallowest depth of fill at i7". Similar to Test Pit #1, a clayey gravel fill layer extended Eto 17" and was underlain by natural topsoil at 17"-27" with E virgin subsoil encountered at 27". Test Pit #3 was placed in the approximate geographic Ecenter of the filled area. Fill materials were encountered to a depth of 32" followed by natural topsoil between 32"- 40" and natural subsoil from 40" until the terminus of the excavation at 72". A similar clayey fill was noted as well C L C ........... .... M LI I' "SIMMONS �Encironmcnial Services. Inc. a � LJ n m in u o 2 ' a C L� V t T e 0 n d M i u n Lw m L r L✓ r s LJ A a material characteristically described as "blue clay". dditionally, brush and branches were noted Test Pit #4 was placed --to the East of Test Pit #3 also ear the approximate center -of the filled area. Similar fill aterials were encountered to a depth of 36". In this stance, small pieces of brick and some concrete were aiso bserved. Sizes of brick pieces were approximately X 2" X 1 .5" . Occasional pieces of concrete were obser—," (-gid pproximately 8" X 6" X 6". The majority of the brick and oncrete pieces were small. Test Pit 115 was placed to the South of Test #4 an; was he closest of the five pits to Abbott Street. Similar to est Pit #4. fill material extended to a depth of 44" and was ssentially the same as the conditions described in Test Pit 4 including small pieces of brick and concrete with ccasionally larger pieces of concrete. The following Test Pit Logs provide a detailed escription of the field activities. Additionally, a headspace" concentration is also provided for each sample nterval. Headspace measurement is a field screening tool sed to determine the presence of volatile organic compounds hich may be adhered to soil. The data produced from this ethod, semi -quantitative at best, is not a direct EgM- MONS Environmental Services. Inc ' measurement but is_a good indicator of petroleum fuel Ccontamination. A full discussion of-the method as published by the Massachusetts Department of Environmental Protection [, (MDEP), is. contained within Appendix I. u M L C r r L C n 0 0 0 0 0 C a rn O� ro r O O z a n 0 0 0 0 0 TEST PIT FIELD LOG IMMONS = m mmmcntal Sun ices. Inc ------------------------ ------------------------ ,SIMMONS ENVIRONMENTAL.: Project �~ ;SERVICES,_ INC. ; Name; Averka A Test ; :25 Kenoza Avenue Location: Abbott Street: Pit#: TP-1 Haverhi.11, MA 01830 ; _ North Andover, MA: ;508-521-3.333 ; Proj.#: 9212197 :Date: 2/4/93: +---------------------+=-_-------+-------------+------------+ :SIMMONS Geologist:Stephan-Landry: Contractor: Ramey Const. : :Others: W.Simmons. G.Osgood, Operator:. Fred Ramey Jr. : : R.Doucette, K.Bradley Weather: Sunny, 25 deg. : +-----+--------+-----------------+---------------+----------+ C :DEPTH: SAMPLE ; SOIL DESCRIPTION ; OVA :(ft.): # : : (ppm) : +-0'--+--------+---------------------------------+----------+ (� ' 0"-3" Fill-Wood Chips L, +-1'--: S-1 ; 3"-7" Fill-Gray Silt,Traces ' Clay,Sand & Gravel ' +-2'--: S-2 7"-42" Fill-Grass Clippings : 1 : 42"-48"Topsoil : C+-4'--: : : +-5'--: 48"=72"Subsoil : +-----+--------+---------------------------------+----------+ :Soil Amounts ; NOTES: No Groundwater Encountered : :Trace 0-10% :Little 10-20% : :Some 20-35% ; : ;And 35-50% : : +--------------+--------------------_-----------------------+ i u I TEST -PIT -FIELD LOG IMMONS - �.%"' ental Services, Inc. - C C C C C C L E t +---------------------+------------------------+------------+ SIMMONS ENVIRONMENTAL:- - PROJECT SERVICES, INC. Name: `Averka Test 25 Kenoza Avenue Location: Abbott Street; .Pit#: TP -2 ;Haverhill, MA 01830 North Andover, MA: :508-521-3333 Proj..#: 9212197 -. ,_ ; Date:2/4/93: +---------------------+----------+------------=+------------+ :SIMMONS.Geologist: S. Landry. ; Contractor:. Ramey Const. : :Others: W. Simmons. G. Osgood, ; Operator: Fred Ramey. Jr.: : R. Doucette. K. Bradley : Weather: Sunny, 2� dei'. : +-----+-- -----+----------------+---------------+----------+ :Depth: SAMPLE : SOIL DESCRIPTION OVA : , (ft. ): # : : (ppm) : +-0'--+--------+---------------------------------+----------+ 0"-17" Fill -Gray Silt,Traces : 0 : C1ay,Sand & Gravel 17"-27" Topsoil +-2'--' t +-3'--: t t 27"-48" t Subsoil = t t t +-5'--: t t t t t r r t i t t t t t t t t t r +-7'--� t t , t t t t r t r i r t t t r t t = t t t t t t t = t t t t t t t t t t t t t-11 -t t t t t t t t t = t t r t t t t t t t t t t t t r t t t t t t t t t t t -----------------� :Soil Amounts : NOTES: No Groundwater Encountered : :Trace 0-10% ; :Little 10-20% :Some 20-35% :And .35-50% +--------------+--------------------------------------------+ F1 F, -TEST PIT FIELD LOG .SIMMONS -_ !!- Environmental Services, Inc. - -- + ----- --- --------------------------------- -------------------- -----+------------+SIMMONS SIMMONS ENVIRONMENTAL;PROJECT. I.- I ;.SERVICES, INC. ; Name: Averka - - : Test ;25 Kenoza Avenue ; Location: Abbott Street; Pit#: TP -3 ; [, ;Haverhill, MA 01830. - North Andover, MA; 1.508-521-3333 Proj.#: 9212197 ; Date:2/4/93; ------------------------------------------------------------- fu ,SIMMONS Geologist: S. Landry ; Contractor: -Ramey Const. ; ;Others: W. Simmons. G. -Osgood, ; Operator: Fred Ramey, Jr.; ;- R Doucette, K. Bradley ; Weather: Sunny. 25 de. ; +-----+--------+-----------------+---------------+----------+ '-' ;Depth; SAMPLE ; SOIL DESCRIPTION ; OVA ; ;(ft.)" # ; ; (ppm) ; EC+-0'--+-=------+---------------------------------+----------+ ; ; S-1 0"-32" Fill -Gray Silt,Some Blue; 2 ; Clay,Little Mulch,Traces; Sand & Gravel ' 32"-40" Topsoil 40"-72" Subsoil L' L;Soil +-----+--------+---------------------------------+----------+ Groundwater Encountered Amounts ; NOTES: No ;Trace 0-10% ; n ;Little 10-20% ; ;Some 20-35% ; W ;And 35-50% ; +--------------+-------------------�-----------------------+ C TEST PIT FIELD LOG SIMMONS - [11ronnicntal Services, Inc. _--_-------------------------------------- ---—+------------+ +SIMMONS ENVIRONMENTAL! PROJECT .:SERVICES,- INC. Name: Averka _Test ; ;25 Kenoza Avenue Location: Abbott Street', Pit#: TP -4 ; ;Haverhill.. MA 01830 North Andover. MA:- 1508-521-3333 Proj.#: 9212197 ; Date:2/4/93; - -------------------------------------------------------------- :SIMMONS Geologist: S. Landry ._ ; Contractor: Ramey Const. C ;Others: W Simmons. G. Osgood, ; Operator: Fred Ramer, Jr_' R Doucette K. Bradley ; Weather: Sunny,25 deg. +-----+--------+-----------------+------------ +- -F- :Depth; SAMPLE SOIL DESCRIPTION OVA C ;(ft.): # (ppm) +-01 --------------------------------------------------------- S-1 ; 0"-36" Fill -Gray Silt,Some ; Gravel,Trace Sand, , Concrete Pieces 36"-42" Fill -Mulch, Branches ; 42"-48" Topsoil ` 48"-72" Subsoil , +-6'--, , , +-7'--, , -10' , , , r +-----+--------+---------------------------------+----------+ ;Soil Amounts ; NOTES: No Groundwater Encountered ;Trace 0-10% Little 10-20% ,Some 20-35% ;And 35-50% ------------------------------------------------------------- L. TEST PIT FIELD LOG �'-IMMONS, EnvimnmoulScr ices. Inc. ------+ E, PROJECT ' SIMMONS -ENVIRONMENTAL ' ; Test ;SERVICES; INC. ; Name: , ;25 Kenoza'Avenue ; Location:, -Abbott S.treet;: MA; Pit#: TP -5 ;Haverhill, MA 01830 ; North Andover, :508-521-3333 ; Proj-.#: 9212197 ..,-_Date:2/4/93; +---------------------+--------=-+-------------+------------+ ,SIMMONS Geologist: S. Landry ; Contractor: Ramey Const. ; ;Others: W. Simmons G. Os9god, ; Operator: Fred Ramey. Jr.; n ; R. Doucette K. Bradley ; Weather: Sunny, 25_d_ ; L----+---------------+----------+ ;Depth; SAMPLE ; SOIL DESCRIPTION ; OVA ;(ft.); # ; ; (ppm) +-p'--+--------+---------------------------------+----------+ S-1 ; 0"-38" Fill -Gray Silt,Some ; 1 Gravel,Trace Sand,Wood, ; Concrete Pieces --' 38-44Fill-Branches ; 44' -52' Topsoil 52"-72" Subsoil , Lj -14 - 1 1 L1 ;Soil Amounts ; NOTES: No Groundwater Encountered ; ;Trace 0-10% ; (-' ;Little 10-20% ; L ;Some 20-35% ; ;And 35-50% ; +--------------+--------------------=-----------------------+ IkMMONS Environment, I Services. Inc. Composite samples were collected from each test..pit within the fi=ll layers. Each pit produced four discrete composite samples. These were, one sample for Total Petroleum Hydrocarbons (TF'H), one.sampl_e -for Volatile Organic Compounds (VOC's), one sample for heavy metals (RCRA-8), and Ca fourth sample composite turned over to a representative from the Town of North Andover. C After the completion of the test pit installations, Cthree representatives from the Town of North Andover inspected the property. These representatives were Gayton COsgood (Member of North Andover Board of Health), Richard CDoucette (Conservation Administrator) and Daren E. Bradley Esquire, (Town Planner). After reviewing the test pits and taking photographs, these representatives were asked if they wished to have any Cfurther test pits developed while the excavation and soil sampling equipment was available. All parties present at the site agreed that the five test pits adequately represented the suspect fill area. After logging all collected samples, transferring sample Csplits to municipal representatives and taking appropriate photographs of each test pit, the excavation was backfilled and rough graded. C L C M } [ S MMOIXS Encirunmcntal Sort ices. Int. Fifteen individual soil: samples collect, --d by SIMMONS. were transported in iced containers and held under refrigeration until release to a subcontract analytical laboratory. Matrix Analytical, Inc. on Febr.a—1993. Matrix Analytical inc.. is certified by ii i'=. :� r:: r:or a.; i L o f r.i1e a.naIytica1 paramet r requested n :rstigation. Se ' 1.r)pendlx II for La;)pI'uLory (; rLli 1%twat :;IIl nL2'tion lliN i'ol;owing phoir;•sr3pns S, r, c; Lnc, a. teSt p.tS anci tc.st pit spoiis re-.ult-in from this �. ......i._on. F u n L L f' b x o a ° x a a 0 0 0 a E -E SIMMONS ,- Environmemal Services. Inc. .0 C L, F u C E n I u F I i 1E 6 1 E ,C _ .AVERKA PROPERTY = 383 ABBOTT STREET NORTH ANDOVER, MASSACHUSETTS Photo #1 View of filled area as of December 2, 1992. Photo #2 View of Test Pit #1. Note humus/clippings at left center and upper right. Note natural subsoil at center of photo. A4 vi4 t -A y � r 77 f -4 jj " . �r 1 f.. y►' . r f� s Y r ' s moi-• �.'� , "s>✓� •� cam! .� jZVI ��,_ r•l r.`..i _ ..: f ' . ].R•`6 H. ; - 401 .ri>f'_.�,: .:'r��;•, l � � r� ..v •,,.; o t � r -.��.� iia ) `, si. •� .��. , � L 4, ♦• `f �- f �� *� vie _. • T• � _ � � _ - �. Ao Ae— ._fir ,� � _ �. ;:� s• - � r �.� ,,` / is - _� r �, '� • .n .,,,ti,_, •, _ 1� ' ♦ Vii,_ � ' :� � i. • � � •(i y � r'! • - • �. w ,.' •L.:'" _ , ~.,may •_ .. ;� r� ` + _ A :4i .n .,,,ti,_, •, _ 1� ' ♦ Vii,_ � ' :� � i. • � � •(i y � r'! • - • �. w ,.' •L.:'" _ , ~.,may •_ .. ;� r� ` + _ A r • .. ,� `, ~ 4 7 � �� ►'~ `tea t ¢ 40, - �� • � .. .— r is t �.� f , $ r. r i . .ter-"�•.- f' : rt' ^Z� - n r�I,MMO �S L'?n ironmental Services, Inc. According to information supplied by Joseph Averka17. several truck loads of fill material originated from n �, construction/ex,cavation activities within the area of Hort n Station in Boston, MA. This soil reportedly was generated u from the construction activities associated with an MBTA project regarding Green Line relocation and construction of a Parking Garage. The materials observed within the Test Pits �I are consistent with soil expected from this area. Moreover, CMr. Averka provided a copy of the executive summary of an environmental assessment prepared for This project. The Cassessment, conducted by GEI Consultants, Inc-". indicated that forty samples collected from test borings had been El analyzed using GC/FID techniques. GEI reported that no n petroleum hydrocarbons were detected in the sample L population. These data are in agreement with the analytical results obtained from similar analysis of materials at the Li Averka property at 383 Abbott Street. EBased Upon the development of these test pits. the r-1 analytical data collected and this firm's review of publicly available information at the Town of North Andover Board of n Health, SIMMONS concludes that this property poses minimal environmental risk. E 5g ESIM'NION's lincinnuncntal Services. Inc. E5.0 CONCLUSIONS n A subsurface exploration program has been completed at a Lportion of the property own'd by Mrs. Faye Averka at 383 C, Abbott Street, North Andover, MA. A series of 5 test pits were advanced through fill material into natural topsoil and Csubsoil. Samples collected from each test pit were analyzed Cfor volatile organic compounds (VOC's), total petroleum hydrocarbons (TPH), and heavy metals (RCRA-8). Samples with Etotal petroleum hydrocarbon concentrations greater than 100 ppm were further analyzed by gas chromatography using flame Eionization detection to identify petroleum hydrocarbons. r On the basis of these activities. the following conclusions are drawn: r'l Lo The location contains offsite fill materials ranging in depth from 17"-44". o Test Pit #1 located near the Northeasterly edge of the filled area contained primarily wood chips, brush and grass clippings. L, o None of the samples showed detectable results for volatile organic analyses with the exception of Test n Pit Tl. A single volatile. toluene. was reported at a Lconcentration of 200 ppb. o Three samples showed results greater than 100 mg/Kg F (ppm) for total petroleum hydrocarbons. Further analyses (GC/FID). did not indicate petroleum hydrocarbons present within these samples. r7 11 M L o Comparison of metal concentrations observed at the five test pits were less than the "Recommended Concentrations" for notification as proposed by MDEP n is its revision to the Massachusetts Contingency Plan. o The physical appearance and chemical analyses of the . fill material associated with these test pits is consistent with description and analyses conducted by Lj others from the source identified by Joseph 9verka. o The fill material poses minimal environmental risk concerning oil and/or hazardous materials. r7 u rI u �1 ,IMM®NS vironmcntal Services. Inc. 6.0 RECOMMENDATIONS After installation of the test pits and completion of L, the soil sampling activities, each test pit was backfilled. CBecause of the grounds condition. i.e.. (frozen) at the time of this subsurface exploration. it was impossible to Csatisfactorily compact the disturbed material. To address this issue and improve the aesthetic appearance. it is Erecommended that clean backfill, i.e. sand/gravel mix and/or Etopsoil, be placed over the site in the spring concurrent with more complete compaction of the disturbed areas. n If additional filling is to take place in the future. L the Town may wish to consider a requirement for submission of appropriate analyses as a prerequisite to approval if fill n material involves recycled materials. n u M L C 51MMONS Em iroomcntal Scr ices. Inc. F7.0 REFERENCES L 10. Op Cit #1 11. Management Procedures for Excavated Soils Contaminated with Virgin Petroleum Oil. #N -SC Policy 89-001. V 12. Memorandum from Thomas Powers. Edward kunce, Deputy Commissioner, MDEP to Assistant Commissioner et al, January 20. 1993 re: Interim Policy Regarding Regulatory Status of Soil Contaminated with Waste of unknown Origin and/or Hazardous Constituents. Waste Site Clean Program Redesign, Draft Regulation E1. Package, Massachusetts Department of Environmental Protection, January 1993. 2. Correspondence between Mrs. Joseph Averka and Allison May Conboy, R.S.C.H.O.. North Andover Board of Health, 14, 1992. E3. Case File Status Sheet, North Andover Board of Health. April 18. 1992. E4. Correspondence between Allison Conboy R.S.C.H.O. Agent for the Board of Health, North Andover and Thomas Caffrey, Esquire, January 7, 1993. 5. Correspondence between William A. Simmons of Simmons Environmental Services, Inc. and Allison Conboy ER.S.C.H.O. Agent for Board of Health Town of North Andover, February 3, 1993. 6. Memorandum to Building Inspection, Board of Health, Fire Chief William Dalton from Richard Doucette, Conservation Administrator, January 8, 1991. C 7. Personal communication between William A. Simmons of SIMMONS and Robert Curtain, Director of Organics Laboratory, Matrix Analytical, Inc., February 1993. C8. Hawley's Condensed Chemical Dictionary. Eleventh Edition, Van Norstrand Reinhold, New York, 1987. El 9. Groundwater and Drinking Water Quality Standards. Code of Massachusetts Regulation 314 CMR 4.00 & 6.00. L 10. Op Cit #1 11. Management Procedures for Excavated Soils Contaminated with Virgin Petroleum Oil. #N -SC Policy 89-001. V 12. Memorandum from Thomas Powers. Edward kunce, Deputy Commissioner, MDEP to Assistant Commissioner et al, January 20. 1993 re: Interim Policy Regarding Regulatory Status of Soil Contaminated with Waste of unknown Origin and/or Hazardous Constituents. n u n SIMMOi QTS L -J Environmental Services. Inc. II 13. Interim Site Investigation Protocol Document, Massachusetts Department of Environmental Protection, Policy for the Investigation Assessment and Remediation of Petroleum Releases. WSC Policy #401-91 p.35, 37, 41. Lj 14. Op Cit #.7 15. Shacklette, H.T. and J.G. Berngen, Element Concentration in Soil and Other Surficial Materials of the n Conterminous United States. U.S. Geological Survey " Professional Paper 1270, 1984. u 16. Op Cit #1 n 17. Personal communication between Joseph Averka and William A. Simmons, Simmons Environmental Services. Inc. n February, 1993. 18. Environmental Site Assessment, MBTA ?north Station Transportation Improvement Project. North Station Garage Site, Boston. Ma. Submitted to Parsons Brinkerhoff Seely Stevenson, 120 Boylston Street, _ Boston, Ma. by GEI Consultants, Inc. August, 1989. F u fI L n i u 0 0 0 n 0 C C 0 0 r r L, F C C r A N A L Y T I C A L D A T A S U M M A R Y Reviewed by / / I Lab Certifications ^ EPA ID: No. MA059 Connecticut: No. PH 0515 2e;Zf%1 114hw 6- Massachusetts: No. 313 Florida: QA Plan No. 900437G St4hen DiMattei Maine: Reciprocity New Hampshire: No. 24190-A,B Quality Assurance Officer New York: ELAP No. 11116 Rhode Island: Reciprocity Matrix Analytical, Inc. 106 South Street Hopkinton, MA 01748 1800 3 -MATRIX F I N A L R E P O R T L-1 Client Information Account: Simmons Environmental Services Project Name: Averka (9212197) (2-5-93) Address: 25 Kenoza Avenue Project Number. 9212197 Haverhill, MA 01830 Project Manager. B.Simmons Sampler Name: Simmons Environmental Serv. M W n W n 1U HYDROCARBON ANALYSIS n Total Petroleum Hydrocarbon (IR) u Fingerprint Results U IW n Chromatogram File M Carbon Range L Carbon Range M Comments: u n n W W n Sample Information Lab ID: 30360873-001 Date Sampled: 02/04/93 09:00 Client Id: TP -1, S-2 Date Received: 02/05/93 : 0 Matriic Soil Date Reported: 02/22/93 260 mg/kg 4 9073 ja The chromatograph is not indicative of the petroleum hydrocarbon products identified by this method. GC -FID fingerprint procedure provides for the characterization of the following hydrocarbons: (1) Diesel/#2 Fuel oil (2) #4 Fuel oil (3) #6 Fuel oil (4) Gasoline (5) Jet Fuel (6) Kerosene (7) Lubricating oil (8) Paint thinner (9) Turpentine (10) Petroleum Naphtha 2589Z D 3328-78 ss Not applicable. Not applicable. Not applicable. Fila i25o9Z 1.0 amu. ="' cG .amp:= TIC a000 -j F4,3) a .-2ao:1 4 .4 160000- -3.6 1400011 3.2 120000- 2.8 10000 F2.i 000 80090- FFLL1 .� 60 JQC 60GOC 1.' 4e�a. .s .4 8 12 15 20 24 23 ..— 3e •0 44 48 . 02/08/93 02/17/93 Page I Matrix Analytical, Inc. 106 South Street Hopkinton, MA 01748 1800 3 -MATRIX F I N A L R E P O R T Project Name: Averka (9212197) (2-5-93) Project Number. 9212197 Project Manager. B.Simmons Sampler Name: Simmons Environmental Serv. Date Sampled: 02/04/93 09:00 Date Received: 02/05/93 :0 Date Reported: 02/22/93 02/09/93 3051 02/09/93 7470 9.0 mg/kg OS 7061 th 02/12/93 61 mg/kg 1.0 6010 th 02/09/93 2.0 mg/kg 1.0 6010 th 02/09/93 17.0 mg/kg OS 7191 da 02/12/93 56.0 mg/kg 0.1 7421 bg 02/09/93 0.3 mg/kg 0.1 7471 mm 02/09/93 ND mg/kg OS 7741 th 02/12/93 ND mg/kg 2.0 6010 th 02/09/93 Page 1 7 L n u Matrix Analytical, Inc. 106 South Street Hopkinton, MA 01748 1800 3 -MATRIX F I N A L R E P O R T Client Information Account: Simmons Environmental Services Project Name: Averka (9212197) (2-5-93) Address: 25 Kenoza Avenue Project Number. 9212197 Haverhill, MA 01830 Project Manager. B.Simmons Sampler Name: Simmons Environmental Serv. Sample Information Lab ID: 30360873-003 Date Sampled: 02/04/93 09:00 Client Id: TP -1B, S-2 Date Received: 02/05/93 : 0 Matrix: Soil Date Reported: 02/22/93 I I LJ VOLATILE ORGANICS Acetone ND ug/kg 2000 8240 db 02/17/93 n i Benzene ND ug/kg 20 8240 db 02/17/93 Bromodichloromethane ND ug/kg 100 8240 db 02/17/93 Bromoform ND ug/kg 100 8240 db 02/17/93 Bromomethane ND ug/kg 100 8240 db 02/17/93 Carbon Tetrachloride ND ug/kg 100 8240 db 02/17/93 u Chlorobenzene ND ug/kg 100 8240 db 02/17/93 Chloroethane Chloroform ND ND ug/kg ug/kg 100 100 8240 8240 db db 02/17/93 02/17/93 L--' Chloromethane ND ug/kg 100 8240 db 02/17/93 Dibromochloromethane ND ug/kg 100 8240 db 02/17/93 1,2 -Dichlorobenzene ND ug/kg 100 8240 db 02/17/93 Li 1,3 -Dichlorobenzene ND ug/kg 100 8240 db 02/17/93 1,4 -Dichlorobenzene ND ug/kg 100 8240 db 02/17/93 n 1,1-Dichloroethane ND ug/kg 100 8240 db 02/17/93 1,2-Dichloroethane ND ug/kg 100 8240 db 02/17/93 1,1-Dichloroethene ND ug/kg 100 8240 db 02/17/93 cis-1,2-Dichloroethene ND ug/kg 100 8240 db 02/17/93 trans-1,2-Dichloroethene ND ug/kg 100 8240 db 02/17/93 W 1,2-Dichloropropane ND ug/kg 100 8240 db 02/17/93 cis-1,3-Dichloropropane ND ug/kg 100 8240 db 02/17/93 trans-1,3-Dichloropropene ND ug/kg 100 8240 db 02/17/93 Li Ethylbenzene ND ug/kg 100 8240 db 02/17/93 Methylene Chloride ND ug/kg 100 8240 db 02/17/93 M Methyl Ethyl Ketone ND ug/kg 2000 8240 db 02/17/93 1r n u Page 1 V Matrix Analytical, Inc. 106 South Street Hopkinton, MA 01748 1800 3 -MATRIX F I N A L R E P O R T Project Name: Averka (9212197) (2-5-93) Project Number. 9212197 Project Manager. B.Simmons Sampler Name: Simmons Environmental Serv. Date Sampled: 02/04/93 09:00 Date Received: 02/05/93 : 0 Date Reported: 02/22/93 ND ug/kg 1000 8240 db 02/17/93 ND ug/kg 100 8240 db 02/17/93 ND ug/kg 100 8240 db 02/17/93 ND ug/kg 100 8240 db 02/17/93 100 ug/kg 100 8240 db 02/17/93 ND ug/kg 100 8240 db 02/17/93 ND ug/kg 100 8240 db 02/17/93 ND ug/kg 100 8240 db 02/17/93 ND ug/kg 100 8240 db 02/17/93 ND ug/kg 100 8240 db 02/17/93 ND ug/kg 100 8240 db 02/17/93 91 Percent db 02/17/93 98 Percent db 02/17/93 104 Percent db 02/17/93 Detection limit due to matrix interference. Page 2 Matrix Analytical, Inc. 106 South Street Hopkinton, MA 01748 1800 3 -MATRIX F I N A L R E P O R T Project Name: Averka (9212197) (2-5-93) Project Number. 9212197 Project Manager. B.Simmons Sampler Name: Simmons Environmental Serv. Date Sampled: 02/04/93 09:30 Date Received: 02/05/93 : 0 Date Reported: 02/22/93 02/09/93 3051 02/09/93 7470 25.6 mg/kg OS 7061 th 02/12/93 37 mg/kg 1.0 6010 th 02/09/93 3.0 mg/kg 1.0 6010 th 02/09/93 23.5 mg/kg OS 7191 da 02/12/93 9.5 mg/kg 0.1 7421 bg 02/09/93 0.1 mg/kg 0.1 7471 mm 02/09/93 ND mg/kg OS 7741 th 02/12/93 ND mg/kg 2.0 6010 th 02/09/93 Page 1 F I N A L R E P O R T n l� n `—' HYDROCARBON ANALYSIS 38 mg/kg 2 9073 ja 02/08/93 Page I Account: Simmons Environmental Services Project Name: Averka (9212197) (2-5-93) � Address: 25 Kenoza Avenue Project Number. 9212197 ,A Haverhill, MA 01830 Project Manager. B.Simmons Sampler Name: Simmons Environmental Serv. n Sample Information u Lab ID: 30360873-004 Date Sampled: 02/04/93 09:30 n Client Id: TP -2, S-1 Date Received: 02/05/93 :0 i ui Matrix: Soil Date Reported: 02/22/93 n l� n `—' HYDROCARBON ANALYSIS 38 mg/kg 2 9073 ja 02/08/93 Page I Matrix Analytical, Inc. 106 South Street Hopkinton, MA 01748 1800 3 -MATRIX F I N A L R E P O R T Project Name: Averka (9212197) (2-5-93) Project Number. 9212197 Project Manager. B.Simmons Sampler Name: Simmons Environmental Serv. Date Sampled: 02/04/93 09:30 Date Received: 02/05/93 : 0 Date Reported: 02/22/93 ND ug/kg 100 8240 db 02/16/93 ND ug/kg 1 8240 db 02/16/93 ND ug/kg 5 8240 db 02/16/93 ND ug/kg 5 8240 db 02/16/93 ND ug/kg 5 8240 db 02/16/93 ND ug/kg 5 8240 db 02/16/93 ND ug/kg 5 8240 db 02/16/93 ND ug/kg 5 8240 db 02/16/93 ND ug/kg 5 8240 db 02/16/93 ND ug/kg 5 8240 db 02/16/93 ND ug/kg 5 8240 db 02/16/93 ND ug/kg 5 8240 db 02/16/93 ND ug/kg 5 8240 db 02/16/93 ND ug/kg 5 8240 db 02/16/93 ND ug/kg 5 8240 db 02/16/93 ND ug/kg 5, 8240 db 02/16/93 ND ug/kg 5 8240 db 02/16/93 ND ug/kg 5 8240 db 02/16/93 ND ug/kg 5 8240 db 02/16/93 ND ug/kg 5 8240 db 02/16/93 ND ug/kg 5 8240 db 02/16/93 ND ug/kg 5 8240 db 02/16/93 ND ug/kg 5 8240 db 02/16/93 ND ug/kg 5 8240 db 02/16/93 ND ug/kg 100 8240 db 02/16/93 Page 1 Matrix Analytical, Inc. 106 South Street Hopkinton, MA 01748 1800 3 -MATRIX F1 Client Information F I N A L R E P O R T Account: Simmons Environmental Services Project Name: Averka (9212197) (2-5-93) Address: 25 Kenoza Avenue Project Number. 9212197 Haverhill, MA 01830 Project Manager. B.Simmons Sampler Name: Simmons Environmental Serv. Sample Information Lab ID: 30360873-006 Date Sampled: 02/04/93 09:30 Client Id: TP -2B, S-1 Date Received: 02/05/93 : 0 Matrilc Soil Date Reported: 02/22/93 _.... ........_............................I........__.-.................__.._........................._. ......_.........._..............._.......,.......-.................................................................-......,........................._.................__..._..........._.........................._.......................................................... . ..'': ...._...................._.. ...................... _.............................. .....,.... ............ ......... ...- .. i. ......... ..... . .. Anal tcal Parameterx:: yt ...: Result . etecttott D UmC Ltmtt ; :Method No Analyst DB.te Anafyzed ... . VOLATILE ORGANICS MIBK ND ug/kg 50 8240 db 02/16/93 MTBE ND ug/kg 5 8240 db 02/16/93 1,1,2,2 -Tetrachloroethane ND ug/kg 5 8240 db 02/16/93 Tetrachloroethene ND ug/kg 5 8240 db 02/16/93 Toluene ND ug/kg 5 8240 db 02/16/93 C 1,1,1 -Trichloroethane ND ug/kg 5 8240 db 02/16/93 1,1,2 Trichloroethane ND ug/kg 5 8240 db 02/16/93 n Trichloroethene ND ug/kg 5 8240 db 02/16/93 Trichlorofluoromethane ND ug/kg 5 8240 db 02/16/93 Vinyl Chloride ND ug/kg 5 8240 db 02/16/93 Xylene ND ug/kg 5 8240 db 02/16/93 CSURROGATE STUDIES - VOLATILES Bromofluorobenzene 89 Percent db 02/16/93 1,2-Dichloroethane-D 88 Percent db 02/16/93 C Toluene -D 78 Percent db 02/16/93 f� L u Page 2 Matrix Analytical, Inc. 106 South Street Hopkinton, MA 01748 1800 3 -MATRIX F I N A L R E P O R T `—' Client Information l--1 Account: Simmons Environmental Services Project Name: Averka (9212197) (2-5-93) Address: 25 Kenoza Avenue Project Number 9212197 u Haverhill, MA 01830 Project Manager. B.Simmons 0 Sampler Name: Simmons Environmental Serv. Sample Information .6 140000- r1 Lab ID: 30360873-007 Date Sampled: 02/04/9310:00 i� Client Id: TP -3, S-1 Date Received: 02/05/93 :0 Matrile Soil Date Reported: 02/22/93 n u n v HYDROCARBON ANALYSIS n Total Petroleum Hydrocarbon (IR) �I Fingerprint Results 'n ' u n L-1 i-'1 u Chromatogram File r1 Carbon Range Carbon Range M Comments: u u u M U n u n L 710 mg/kg 20 9073 ja The chromatograph is not indicative of the petroleum hydrocarbon products identified by this method. GC -FID fingerprint procedure provides for the characterization of the following hydrocarbons: (1) Diesel/#2 Fuel oil (2) #4 Fuel oil (3) #6 Fuel oil (4) Gasoline (5) Jet Fuel (6) Kerosene (7) Lubricating oil (8) Paint thinner (9) Turpentine (10) Petroleum Naphtha 259OZ D 3328-78 ss Not applicable. Not applicable. Not applicable. .File :2990: 1.0 am.. .?ZA a.ple aa. cH !'....'!G TIC 77 200eoM11 1s000 -4.4 4 0 16000 .6 140000- 3.2 1-0000.2.g 1o0000H i.4 2.0 R000^� 1.6 6v00 .2 4000 �1 20MI S 4 3 12 16 20 34 2'3 'i2 36 40 44 4e 02/08/93 02/17/93 Page 1 r Client Information r 1 Account: Simmons Environmental Services Project Name: Averka (9212197) (2-5-93) r� Address: 25 Kenoza Avenue Project Number. Matrix Analytical, Inc. 106 South Street Hopkinton, MA 01748 1800 3 -MATRIX F I N A L R E P O R T Client Information r 1 Account: Simmons Environmental Services Project Name: Averka (9212197) (2-5-93) 1-1 Address: 25 Kenoza Avenue Project Number. 9212197 u Haverhill, MA 01830 Project Manager. B.Simmons Mercury Digestion Sampler Name: Simmons Environmental Serv. n 7470 Sample Information n Lab ID: 30360873.008 Date Sampled: 02/04/9310:00 Client Id: TP -3A, S-1 Date Received: 02/05/93 : 0 u Matrix. Soil Date Reported: 02/22/93 SAMPLE PREPARATION 1-1 Metal Digestion 02/09/93 3051 Mercury Digestion 02/09/93 7470 TRACE METALS Arsenic 9.9 mg/kg OS 7061 th 02/12/93 L-+ Barium 78 mg/kg 1.0 6010 th 02/09/93 Cadmium 4.0 mg/kg 1.0 6010 th 02/09/93 Chromium 19.0 mg/kg OS 7191 da 02/12/93 u Lead 160 mg/kg 0.1 7421 bg 02/09/93 Mercury 0.6 mg/kg 0.1 7471 mm 02/09/93 r-1 Selenium ND mg/kg OS 7741 th 02/12/93 Silver ND mg/kg 2.0 6010 th 02/09/93 u n n u r� n n V n n u Page 1 Matrix Analytical, Inc. 106 South Street Hopkinton, MA 01748 1800 3 -MATRIX n Client Information Account: Simmons Environmental Services Address: 25 Kenoza Avenue Haverhill, MA 01830 F I N A L R E P O R T Project Name: Averka (9212197) (2-5-93) Project Number. 9212197 Project Manager. B.Simmons Sampler Name: Simmons Environmental Serv. ESample Information Lab ID: 30360873-009 Date Sampled: 02/04/9310:00 Client Id: TP -3B, S-1 Date Received: 02/05/93 : 0 Matrix. Soil Date Reported: 02/22/93 7 F1 Acetone ND ug/kg 100 8240 db 02/17/93 Benzene ND ug/kg 1 C 8240 db 02/17/93 Bromodichloromethane ND ug/kg 5 8240 db 02/17/93 Bromoform ND ug/kg 5 8240 db 02/17/93 Bromomethane ND ug/kg 5 8240 db 02/17/93 Carbon Tetrachloride ND ug/kg 5 8240 db 02/17/93 Chlorobenzene ND ug/kg 5 8240 db 02/17/93 C 1,1-Dichloroethane ND ug/kg 5 8240 db 02/17/93 1,2-Dichloroethane ND ug/kg 5 8740 db 02/17/93 1,1-Dichloroethene ND ug/kg 5 8740 db 02/17/93 Chloroethane ND ug/kg 5 8240 db 02/17/93 C Chloroform ND ug/kg 5 8240 db 02/17/93 Chloromethane ND ug/kg 5 8240 db 02/17/93 n Dibromochloromethane ND ug/kg 5 8240 db 02/17/93 C 1,2 -Dichlorobenzene ND ug/kg 5 8240 db 02/17/93 u 1,3 -Dichlorobenzene ND ug/kg 5 8240 db 02/17/93 1,4 -Dichlorobenzene ND ug/kg 5 8240 db 02/17/93 C 1,1-Dichloroethane ND ug/kg 5 8240 db 02/17/93 1,2-Dichloroethane ND ug/kg 5 8740 db 02/17/93 1,1-Dichloroethene ND ug/kg 5 8740 db 02/17/93 7 L.J Page I cis-1,2-Dichloroethene ND ug/kg 5 8240 db 02/17/93 C trans-1,2-Dichloroethene ND ug/kg 5 8240 db 02/17/93 1,2-Dichloropropane ND ug/kg 5 8240 db 02/17/93 n cis-1,3-Dichloropropene ND ug/kg 5 8240 db 02/17/93 trans-1,3-Dichloropropene ND ug/kg 5 8240 db 02/17/93 u Ethylbenzene ND ug/kg 5 8240 db 02/17/93 Methylene Chloride ND ug/kg 5 8240 db 02/17/93 Methyl Ethyl Ketone ND ug/kg 100 8240 db 02/17/93 7 L.J Page I Matrix Analytical, Inc. 106 South Street Hopkinton, MA 01748 1800 3 -MATRIX F X N A L R E P O R T Project Name: Averka (9212197) (2-5-93) Project Number. 9212197 Project Manager. B.Simmons Sampler Name: Simmons Environmental Serv. Date Sampled: 02/04/9310:00 Date Received: 02/05/93 :0 Date Reported: 02/22/93 ND ug/kg 50 8240 db 02/17/93 ND ug/kg 5 8240 db 02/17/93 ND ug/kg 5 8240 db 02/17/93 ND ug/kg 5 8240 db 02/17/93 ND ug/kg 5 8240 db 02/17/93 ND ug/kg 5 8240 db 02/17/93 ND ug/kg 5 8240 db 02/17/93 ND ug/kg 5 8240 db 02/17/93 ND ug/kg 5 8240 db 02/17/93 ND ug/kg 5 8240 db 02/17/93 ND ug/kg 5 8240 db 02/17/93 112 Percent db 02/17/93 111 Percent db 02/17/93 103 Percent db 02/17/93 Page 2 Matrix Analytical, Inc. 106 South Street Hopkinton, MA 01748 1800 3 -MATRIX u Client Information Account: Simmons Environmental Services Address: 25 Kenoza Avenue Haverhill, MA 01830 n u u F I N A L R E P O R T Project Name: Averka (9212197) (2-5-93) Project Number. 9212197 Project Manager. B.Simmons Sampler Name: Simmons Environmental Serv. Sample Information Lab ID: 30360873-010 Date Sampled: 02/04/9310:30 Client Id: TP -4, S-1 Date Received: 02/05/93 : 0 Matrix Soil Date Reported: 02/22/93 u HYDROCARBON ANALYSIS M Total Petroleum Hydrocarbon (IR) Fingerprint Results u F1 u V 71 i u Chromatogram File Carbon Range Carbon Range Comments: U M L --' r1 u n 750 mg/kg 20 9073 ja The chromatograph is not indicative of the petroleum hydrocarbon products identified by this method. GC -FID fingerprint procedure provides for the characterization of the following hydrocarbons: (1) Diesel/#2 Fuel oil (2) #4 Fuel oil (3) #6 Fuel oil (4) Gasoline (5) Jet Fuel (6) Kerosene (7) Lubricating oil (8) Paint thinner (9) Turpentine (10) Petroleum Naphtha 2591Z D 3328-78 ss Not applicable. Not applicable. Not applicable. Fila '2591- 1.'J — ;—Pl. ss'feH r -:as e 'IC 2n0nnr�4 t4.4 12000 3.6 14000. 3.2 12000 2.a 2.4 1.6 60001 1. 400001 1S a. i4 22 32 06 40 i4 4$ 02/10/93 02/17/93 Page 1 Matrix Analytical, Inc. 106 South Street Hopkinton, MA 01748 1800 3 -MATRIX F I N A L R E P O R T Project Name: Averka (9212197) (2-5-93) Project Number. 9212197 Project Manager. B.Simmons Sampler Name: Simmons Environmental Serv. Date Sampled: 02/04/9310:30 Date Received: 02/05/93 : 0 Date Reported: 02/22/93 02/09/93 3051 02/09/93 7470 8.3 mg/kg OS 7061 th 02/12/93 37 mg/kg 1.0 6010 th 02/09/93 4.0 mg/kg 1.0 6010 th 02/09/93 16.5 mg/kg OS 7191 da 02/12/93 58.0 mg/kg 0.1 7421 bg 02/09/93 0.3 mg/kg 0.1 7471 mm 02/09/93 ND mg/kg OS 7741 th 02/12/93 ND mg/kg 2.0 6010 th 02/09/93 Page 1 F7 L Matrix Analytical, Inc. 106 South Street Hopkinton, MA 01748 1800 3 -MATRIX Client Information Account: Simmons Environmental Services Address: 25 Kenoza Avenue Haverhill, MA 01830 LSample Information n F I N A L R E P O R T Project Name: Averka (9212197) (2-5-93) Project Number. 9212197 Project Manager. B.Simmons Sampler Name: Simmons Environmental Serv. Lab ID: 30360873-012 Date Sampled: 02/04/9310:30 Client Id: TP4B, S-1 Date Received: 02/05/93 : 0 Mattvc Soil Date Reported: 02/22/93 Acetone ND ug/kg 100 8240 db 02/17/93 Benzene ND ug/kg 1 8240 db 02/17/93 Bromodichloromethane ND ug/kg 5 8240 db 02/17/93 Bromoform ND ug/kg 5 8240 db 02/17/93 Bromomethane ND ug/kg 5 8240 db 02/17/93 El Carbon Tetrachloride ND ug/kg 5 8240 db 02/17/93 Chlorobenzene ND ug/kg 5 8240 db 02/17/93 n Page 1 V Chloroethane ND ug/kg 5 8230 db 02/17/93 Chloroform ND ug/kg 5 8240 db 02/17/93 L, Chloromethane ND ug/kg 5 8240 db 02/17/93 Dibromochloromethane ND ug/kg 5 8240 db 02/17/93 CI 1,2 -Dichlorobenzene ND ug/kg 5 8240 db 02/17/93 1,3 -Dichlorobenzene ND ug/kg 5 8230 db 02/17/93 1,4 -Dichlorobenzene ND ug/kg 5 8240 db 02/17/93 C 1,1-Dichloroethane ND ug/kg 5 8230 db 02/17/93 1,2-Dichloroethane ND ug/kg 5 8240 db 02/17/93 1,1-Dichloroethene ND ug/kg 5 8230 db 02/17/93 �-1 cis-1,2-Dichloroethene ND ug/kg 5 8240 db 02/17/93 trans-1,2-Dichloroethene ND ug/kg 5 8240 db 02/17/93 1,2-Dichloropropane ND ug/kg 5 8240 db 02/17/93 cis-1,3-Dichloropropene ND ug/kg 5 8240 db 02/17/93 trans-1,3-Dichloropropene ND ug/kg 5 8240 db 02/17/93 Li Ethylbenzene ND ug/kg 5 8240 db 02/17/93 Methylene Chloride ND ug/kg 5 8240 db 02/17/93 Methyl Ethyl Ketone ND ug/kg 100 8240 db 02/17/93 L-A n Page 1 V Matrix Analytical, Inc. 106 South Street Hopkinton, MA 01748 1800 3 -MATRIX F 1 N A L R E P O R T L' Client Information Account: Simmons Environmental Services Project Name: Averka (9212197) (2-5-93) Address: 25 Kenoza Avenue Project Number. 9212197 C Haverhill, MA 01830 Project Manager. B.Simmons Sampler Name: Simmons Environmental Serv. Sample Information L� Lab ID: 30360873-012 Date Sampled: 02/04/9310:30 Client Id: TP -413, S-1 Date Received: 02/05/93 : 0 Matrirc Soil Date Reported: 02/22/93 ................... ...... ... y.treal Parameter' . Result Ur rt De mij.on ........ MNo Anatyst Anafyied ... ..:.. .: VOLATILE ORGANICS MIBK ND ug/kg 50 8240 db 02/17/93 (� MTBE ND ug/kg 5 8240 db 02/17/93 !L1 1,1,2,2 -Tetrachloroethane ND ug/kg 5 8240 db 02/17/93 Tetrachloroethene ND ug/kg 5 8240 db 02/17/93 {� Toluene ND ug/kg 5 8240 db 02/17/93 L 1,1,1 -Trichloroethane ND ug/kg 5 8240 db 02/17/93 1,1,2 -Trichloroethane ND ug/kg 5 8240 db 02/17/93 Trichloroethene ND ug/kg 5 8240 db 02/17/93 Trichlorofluoromethane ND ug/kg 5 8240 db 02/17/93 Vinyl Chloride ND ug/kg 5 8240 db 02/17/93 Xylene ND ug/kg 5 8240 db 02/17/93 SURROGATE STUDIES - VOLATILES Bromofluorobenzene 88 Percent db 02/17/93 1,2-Dichloroethane-D 80 Percent db 02/17/93 C Toluene -D 76 Percent db 02/17/93 C C Lr 1 I Page 2 L� ' j 1 Matrix Analytical, Inc. 106 South Street F I N A L R E P O R T Hopkinton, MA 01748 18003 .:.:,................ :...........:: Clientlnformation Account: Simmons Environmental Services Project Name: Averka (9212197) (2-5-93) u Address: 25 Kenoza Avenue Project Number. 9212197 Haverhill, MA 01830 Project Manager. B.Simmons n Sampler Name: Simmons Environmental Serv. L' Sample Infomtation (, Lab ID: 30360873-013 Date Sampled: 02/04/9311:00 1r Client Id: TP-5, S 1 Date Received: 02/05/93 : 0 Matrha Soil Date Reported: 02/22/93 '_' l.� -. .. ......................:. .. .: ..: .. tet De hOtY . Method Dste Anaiyttcai Parameter Result i3titt . - . . Trio AnalysC Analyzed V HYDROCARBON ANALYSIS Total Petroleum Hydrocarbon (IR) 22 mg/kg 2 9073 ja 02/10/93 C C E C r L L n f v r� Page 1 Matrix Analytical, Inc. 106 South Street Hopkinton, MA 01748 1800 3 -MATRIX F I N A L R E P O R T I Client Information Account: Simmons Environmental Services Project Name: Averka (9212197) (2-5-93) Address: 25 Kenoza Avenue Project Number. 9212197 u Haverhill, MA 01830 Project Manager. B.Simmons Sampler Name: Simmons Environmental Serv. Sample Information �1 Lab ID: 30360873-014 Date Sampled: 02/04/9311:00 Client Id: TP -SA, S-1 Date Received: 02/05/93 : 0 E_+ Matrix Soil Date Reported: 02/22/93 (� Lr . Detection Method Date. AnaGytJcalParamdWf Resnit flint -' Tam]Y No AnatysY Analyzed .:;' SAMPLE PREPARATION Metal Digestion 02/09/93 3051 Mercury Digestion 02/09/93 7470 TRACE METALS Arsenic 30.8 mg/kg OS 7061 th 02/12/93 Barium 18 mg/kg 1.0 6010 th 02/09/93 Cadmium 3.0 mg/kg 1.0 6010 th 02/09/93 C Chromium 15.5 mg/kg OS 7191 da 02/12/93 Lead 13.5 mg/kg 0.1 7421 bg 02/09/93 Mercury 0.1 mg/kg 0.1 7471 mm 02/09/93 Selenium ND mg/kg OS 7741 th 02/12/93 Silver ND mg/kg 2.0 6010 th 02/09/93 C i� V f'7 I L I Page 1 n L Matrix Analytical, Inc. 106 South Street Hopkinton, MA 01748 1800 3 -MATRIX Client Information Account: Simmons Environmental Services Address: 25 Kenoza Avenue Haverhill, MA 01830 n L C n u F I N A L R E P O R T Project Name: Averka (9212197) (2-5-93) Project Number. 9212197 Project Manager. B.Simmons Sampler Name: Simmons Environmental Serv. Date Sampled: 02/04/9311:00 Date Received: 02/05/93 :0 Date Reported: 02/22/93 VOLATILE ORGANICS Sample Information Lab ID: 30360873-011 Client Id: TP -SB, S-1 Matrilc Soil n L C n u F I N A L R E P O R T Project Name: Averka (9212197) (2-5-93) Project Number. 9212197 Project Manager. B.Simmons Sampler Name: Simmons Environmental Serv. Date Sampled: 02/04/9311:00 Date Received: 02/05/93 :0 Date Reported: 02/22/93 VOLATILE ORGANICS Acetone ND ug/kg 100 8240 db 02/16/93 Benzene ND ug/kg 1 8240 db 02/16/93 Bromodichloromethane ND ug/kg 5 8240 db 02/16/93 Bromoform ND ug/kg 5 8140 db 02/16/93 Bromomethane ND ug/kg 5 8240 db 02/16/93 Carbon Tetrachloride ND ug/kg 5 8240 db 02/16/93 Chlorobenzene ND ug/kg 5 8240 db 02/16/93 Chloroethane ND ug/kg 5 8240 db 02/16/93 Chloroform ND ug/kg 5 8240 db 02/16/93 Chloromethane ND ug/kg 5 8230 db 02/16/93 Dibromochloromethane ND ug/kg 5 8230 db 02/16/93 1,2 -Dichlorobenzene ND ug/kg 5 8240 db 02/16/93 1,3 -Dichlorobenzene ND ug/kg 5 8240 db 02/16/93 1,4 -Dichlorobenzene ND ug/kg 5 8240 db 02/16/93 1,1-Dichloroethane ND ug/kg 5 8240 db 02/16/93 1,2-Dichloroethane ND ug/kg 5 8240 db 02/16/93 1,1-Dichloroethene ND ug/kg 5 8240 db 02/16/93 cis-1,2-Dichloroethene ND ug/kg 5 8240 db 02/16/93 trans-1,2-Dichloroethene ND ug/kg 5 8240 db 02/16/93 1,2-Dichloropropane ND ug/kg 5 8230 db 02/16/93 cis-1,3-Dichloropropene ND ug/kg 5 8240 db 02/16/93 trans-1,3-Dichloropropene ND ug/kg 5 8240 db 02/16/93 Ethylbenzene ND ug/kg 5 8240 db 02/16/93 Methylene Chloride ND ug/kg 5 8240 db 02/16/93 Methyl Ethyl Ketone ND ug/kg 100 8240 db 02/16/93 n Page 1 L n Matrix Analytical, Inc. 106 South Street F I N A L R E P O R T Hopkinton, MA 01748 18003-MATRIX Client Information Account: Simmons Environmental Services Project Name: Averka (9212197) (2-5-93) u Address: 25 Kenoza Avenue Project Number. 9212197 Haverhill, MA 01830 Project Manager. B.Simmons ESampler Name: Simmons Environmental Serv. Sample Information Lab ID: 30360873-015 Date Sampled: 02/04/9311:00 Client Id: TP-SB, S-1 Date Received: 02/05/93 : 0 Matrix Soil Date Reported: 02/22/93 ..::: L .................... ......... . c.. .... ........... ..... .. .; .......:..:::.....:................................................................ .....................-......................................... .... Aeteet�ott._.. ........................................................ ............................... ............................... ................... ......-......................... 1Glothad . pate E............... Analytical Parameter :' _: ..................... ..................................."................,..............,....... Ltesult ...... ....... . .... Uitt Ltmtt .......................... . ..................No Analyst Analyzed ......... VOLATILE ORGANICS C MIBK ND ug/kg 50 8240 db 02/16/93 MTBE ND ug/kg 5 8240 db 02/16/93 1,1,2,2-Tetrachloroethane ND ug/kg 5 8240 db 02/16/93 Tetrachloroethene ND ug/kg 5 8240 db 02/16/93 C' Toluene ND ug/kg 5 8240 db 02/16/93 1,1,1-Trichloroethane ND ug/kg 5 8240 db 02/16/93 E1,1,2-Trichloroethane Trichloroethene ND ND ug/kg 5 ug/kg 5 8240 8240 db db 02/16/93 02/16/93 Trichlorofluoromethane ND ug/kg 5 8240 db 02/16/93 Vinyl Chloride ND ug/kg 5 8240 db 02/16/93 C Xylene ND ug/kg 5 8240 db 02/16/93 SURROGATE STUDIES - VOLATILES Bromofluorobenzene 104 Percent db 02/16/93 C 1,2-Dichloroethane-D 104 Percent db 02/16/93 Toluene-D 93 Percent db 02/16/93 C I LJ r L n f U Page 2 L� Matrix Analytical, Inc. 106 South Street Hopkinton, MA 01748 1800 3 -MATRIX F I N A L R E P O R T Project Name: Project Number. Project Manager. Sampler Name: Date Sampled: Date Received: Date Reported: Averka (9212197) (2-5-93) 9212197 B.Simmons 02/04/93 : 02/05/93 : 0 02/22/93 8 Percent 1 Percent 0 Percent 11 Percent 19 Percent 0 Percent 0 Percent 0 Percent ND ug/l 111 Percent 92 Percent 87 Percent 80 Percent 109 Percent 110 Percent 103 Percent 76 Percent 96 Percent 8240 Page I Matrix Analytical, Inc. 106 South Street Hopkinton, MA 01748 1800 3 -MATRIX n Client Information M Account: Simmons Environmental Services Address: 25 Kenoza Avenue u Haverhill, MA 01830 F I N A L R E P O R T Project Name: Averka (9212197) (2-5-93) Project Number. 9212197 Project Manager. B.Simmons n I SPIKE STUDIES - VOLATILES Sampler Name: Sample Information 91 Percent Lab ID: 30360873-016 Date Sampled: 02/04/93 Percent CTrichloroethene Client Id: QC -Report Date Received: 02/05/93 : 0 u Matrix: Soil Date Reported: 02/22/93 Comment: Soil V.: ..... ... ... . . Total petroleum hydrocarbons are performed by Fourier Transform Infrared Spectroscopy (FTIR) using BioRad FTS -7 system. Samples are extracted in freon and subsequently treated with silica gel (to remove vege- table/animal fats) before measurement. 10 and 100 mm sample cells are routinely used to provide necessary detection limits. r L n n Page 2 f u SPIKE STUDIES - VOLATILES EMATMX LChlorobenzene 91 Percent 1,1-Dichloroethene 81 Percent CTrichloroethene Toluene 98 85 Percent Percent 8240 METHOD SUMMARIES Metal analysis is performed on digested extracts using Atomic Absorption or ICP Spectroscopy. AA samples are ato- mized using FASTAC auto deposition and are automatically n deposited into graphite cells or directly into flame. ICP Lsamples are automatically sampled, nebulized, and trans- ported into the plasma torch. Final results are produced M by auto data/reduction and graphics printer. Total petroleum hydrocarbons are performed by Fourier Transform Infrared Spectroscopy (FTIR) using BioRad FTS -7 system. Samples are extracted in freon and subsequently treated with silica gel (to remove vege- table/animal fats) before measurement. 10 and 100 mm sample cells are routinely used to provide necessary detection limits. r L n n Page 2 f u Matrix Analytical, Inc. 106 South Street Hopkinton, MA 01748 1800 3 -MATRIX �+ Sample Information F I N A L R E P O R T Project Name: Project Number. Project Manager. Sampler Name: Averka (9212197) (2-5-93) 9212197 B.Simmons Date Sampled: 02/04/93 : Date Received: 02/05/93 : 0 Date Reported: 02/22/93 Volatile organic analysis is performed using H/P 5995 or 5970 GC/MS, Tekmar purge and trap, and ALS autosampler. Chromatography incorporates packed and megabore columns. Data reduction is performed on RTE 1000 and ChemStation systems. Tuning is based on BFB standards. Procedural guidelines follow EPA 624 or SW846 for all analyses. Aromatic volatiles listed in VOA 8020 are analyzed using GC/MS systems. 1. Test Methods For Evaluating Solid Waste: Physical Chemical Methods. EPA SW 846. November 1986. 2. Methods For Chemical Analysis of Water and Wastes. EPA 600/479-200. Revised March 1983. 3. Standard Methods For Examination of Water and Wastewater. APHA-AWWA-WACF.,16th Edition. 1985. Page 3 Lab ID: 30360873-016 Client Id: QC -Report W Matrix Soil Comment: Soil . ... An8lyttcal Parameter METHOD SUMMARIES u C E CMETHOD REFERENCES C C E n i Li V L V I F I N A L R E P O R T Project Name: Project Number. Project Manager. Sampler Name: Averka (9212197) (2-5-93) 9212197 B.Simmons Date Sampled: 02/04/93 : Date Received: 02/05/93 : 0 Date Reported: 02/22/93 Volatile organic analysis is performed using H/P 5995 or 5970 GC/MS, Tekmar purge and trap, and ALS autosampler. Chromatography incorporates packed and megabore columns. Data reduction is performed on RTE 1000 and ChemStation systems. Tuning is based on BFB standards. Procedural guidelines follow EPA 624 or SW846 for all analyses. Aromatic volatiles listed in VOA 8020 are analyzed using GC/MS systems. 1. Test Methods For Evaluating Solid Waste: Physical Chemical Methods. EPA SW 846. November 1986. 2. Methods For Chemical Analysis of Water and Wastes. EPA 600/479-200. Revised March 1983. 3. Standard Methods For Examination of Water and Wastewater. APHA-AWWA-WACF.,16th Edition. 1985. Page 3 H Z W U m I- riI m � w H � Z w � F. 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