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HomeMy WebLinkAboutMiscellaneous - 39 Charles Street0 l `lam O N E C O Engineers & Scientists February 9, 2009 Coneco Project No. 5796 Ms. Susan Y. Sawyer, Director North Andover Health Department 1600 Osgood Street Building 20, Suite 2-36 North Andover, Massachusetts 01845 RE: Public Involvement Notification Response Action Outcome Statement Non -PCB Mineral Oil Dielectric Fluid Release qq, pp orth Andover Junction Substation Charles Street North Andover, Massachusetts Release Tracking Number 3-22031 Dear Ms. Sawyer. -�' I L CIVIL DESIGN & LAND PLANNING SURVEYING GEOTECHNICAL ENGINEERING ENVIRONMENTAL CONSULTING REGULATORY COMPLIANCE & PLANNING RECEIVED FEB 13 2009 TOWN OF NORTH ANDOVER HEALTH DEPARTMENT Pursuant to 310 CMR 40.1403 of the Massachusetts Contingency Plan (MCP), the following serves as written notification of the submittal of a Class A-2 Response Action Outcome (RAO) Statement relating to a release of non -polychlorinated biphenyl (non -PCB) mineral oil dielectric fluid at the above -referenced location. This letter follows notification to the Department of Environmental Protection - Northeast Regional Office (DEP-NERO) on August 15, 2002 and the submittal of a Class A-2 Response Action Outcome (RAO) statement on February 9, 2009. A copy of the Class A-2 RAO Statement is available for viewing at the DEP-NERD. A copy of this report may also be obtained by contacting the undersigned in writing. Additional Public Involvement Activities may be requested pursuant to 310 CMR 40.1403(9). Pursuant to the provisions of 310 CMR 40.0427, no ongoing activities related to this release are required at this time, a condition of "No Significant Risk" currently exists at the Disposal Site, and the requirements for a Class A-2 RAO have been met. This notice is being provided on behalf of the Massachusetts Electric Company, the party conducting response actions regarding this release. If you have any questions, please contact the undersigned. Sincerely, Coneco Engineers & Scientists, Incorporated John/D. Aevazelis Senior Project Manager MAO.JDA:BFK;jd Z:H5796 - Mun RAO 2-9-09.doc cc: Massachusetts Electric Company DEP-NERO North Andover Board of Selectman Brian F. er, P.G., L.S.P. Principal Geologist 4 First Street, Bridgewater, MA 02324 (508) 697-3191 (800) 548-3355 Fax (508) 697-5996 Offices throughout New England t JANE SWIFT Governor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS, DEPARTMENT OF ENVIRONMENTAL PROCTION� c„ Metropolitan Boston —Northeast Regional Office BOB DURAND t` Secretary - LAUREN A. LISS Commissioner AUG 2 92002 URGENT LEGAL MATTER: PROMPT ACTION NECESSARY Mass. Electric Company 1101 Turnpike Street North Andover, Massachusetts -01845 Attn: Melissa Hall Dear Ms. Hall: RE: NORTH ANDOVER 39 CHARLES ST. RTN #3-22031 RELEASE NOTIFICATION NOTICE OF RESPONSIBILITY; MGL c. 21E & CMR 40.0000 On August 15, 2002 at 10:10 p.m., the Department received oral notification of a release/threat of release of oil/hazardous material at the subject location. The Department has reason to believe that the release/threat of release which was reported is or may be a disposal site as defined in the Massachusetts Contingency Plan (MCP), 310 CMR 40.0000. The Department also has reason to believe that you (as used in this letter "you" refers to Mass. Electric Company) are a Potentially Responsible Party (PRP) with liability under Section 5A of M.G.L. c. 21 E. This liability is "strict" meaning that it is not based on fault but solely on your status as owner, operator, generator, transporter, disposer or other person specified in Section 5A. This liability is also "joint and several", mea-ning that responsible parties are Liable for all response costs incurred at a disposal site even if there are other liable parties. The Department encourages parties with liabilities under M.G.L. c. 21E to take prompt action in response to releases and threats of release of oil and/or hazardous material. By taking prompt action, you may significantly lower your assessment and cleanup costs and avoid the imposition of, or reduce the amount of, certain permit and annual compliance fees for response actions payable under 310 CMR 4.00. Please refer to M.G.L. c. 21E for complete description of potential liability. This information is available in alternate format by calling our ADA Coordinator at (617) 5746872. 205A Lowell St. Wilmington, MA 01887 • Phone (978) 661-7600 • Fax (978) 661-7615 . TTD# (978) 661-7679 (10 Printed on Recycled Paper Mass. Electric Company Page -2- GENERAL RESPONSE ACTION REQUIREMENTS The subject site shall not be deemed to have had all the necessary and required response actions taken unless and until all substantial hazards presented by the site have been eliminated and a level of No Significant Risk exists or has been achieved in compliance with M.G.L: c. 21E and the MCP. In addition, the MCP requires persons undertaking response actions at disposal sites to perform Immediate Response Actions (IRAs) in response to "sudden releases", Imminent Hazards and Substantial Release Migration. Such persons must continue to evaluate the need for IRAs and notify the Department immediately if such a need exists. You must employ or engage a Licensed Site Professional (LSP) to manage, supervise or. actually perform the necessary response actions at the subject site. In addition, the MCP requires persons undertaking response actions at a disposal site to submit to the Department a Response Action Outcome Statement (RAO) prepared by an LSP in accordance with 310 CMR 40.1000 upon determining that a level of No Significant Risk already exists or has been achieved at a disposal site or portion thereof. [You may obtain a list of the names and addresses of these licensed professionals from the Board of Registration of Hazardous Waste Site Cleanup Professionals at (617) 556-1091.] There are several other submittals required by the MCP which are related to release notification and/or response actions that may be conducted at the subject site in addition to an RAO, that, unless otherwisel specified by the Department, must be provided to DEP within specific regulatory,timeframes. The submittals are as follows: (1) If information is obtained after making an oral or written notification to indicate that the release or threat of release didn't occur, failed to meet the reporting criteria at 310 CMR 40.0311 through 40.0315, or is exempt from notification pursuant to 310 CMR 40.0317, a Notification Retraction may be submitted within 60 days of initial notification pursuant to 310 CMR 40.0335; otherwise, (2) If one has not been submitted, a Release Notification Form (RNF) [copy attached] must be submitted to DEP pursuant to section 310 CMR 40.0333 within 60 calendar days of the initial date of oral notification to DEP of a release pursuant to 310 CMR 40.0300 or from the date the Department issues a Notice of Responsibility (NOR), whichever occurs earlier; (3) Unless an RAO or Downgradient Property Status Submittal is provided to DEP earlier, an Immediate Response Action (IRA) Plan prepared in accordance with 310 CMR 40.0420, or an IRA Completion Statement (3 10 CMR 40.0427) must be submitted to DEP within 60 calendar days of the initial date of oral notification to DEP of a release pursuant to 310 CMR 40.0300 or from the date the Department issues an NOR, whichever occurs earlier; and Mass. Electric Company Page -3- (4) Unless an RAO or Downgradient Property Status Submittal is provided to DEP earlier, a completed Tier Classification Submittal pursuant to 310 CMR 40.05 10, and, if appropriate, a completed Tier I Permit Application pursuant to 310 CMR 40.0700, must be submitted to DEP within one year of the initial date of oral notification to DEP of a release pursuant to 310 CMR 40.0300 or from the date the Department issues an NOR, whichever occurs earlier. (5) Pursuant to the Department's "Timely Action Schedule and Fee Provisions", 310 CMR 4.00, a fee of $750 must be included with an RAO statement that is submitted to the Department more than 120 calendar days after the initial date of oral notification to DEP of a release pursuant to 310 CMR 40.0300 or after the date the Department issues an NOR, whichever occurs earlier, and before Tier Classification. A fee is not required for an RAO submitted to the Department within 120 days of the date of oral notification to the Department, or the dale the Department issues an NOR, whichever date occurs earlier, or after Tier Classification. It is important to note that you must dispose of any Remediation Waste generated at the subject location in accordance with 310 CMR 40.0030 including, without limitation, contaminated soil and/or debris. Any Bill of Lading accompanying such waste must bear the seal and signature of an LSP or, if the response action is performed under the direct supervision of the Department, the signature of an authorized representative of the Department. If you have any questions relative to this notice, you should contact the undersigned at the letterhead address or (978) 661-7600. All future communications regarding this release must reference the Release Tracking Number (RTN #3-22031) contained in the subject block of this letter. Sincerely, Kin ey B. Notification & Emergency Response Chief Bureau of Waste Site Cleanup MBC/cjc cc: N. Andover Board of Health, 27 Charles St., N. Andover, MA 01845 N. Andover Fire Headquarters, 124 Main St., N. Andover, MA 01845 Attachment: Release Notification Form; BWSC - 103 DEP data entry/file NORTH 01t0 p BOARD OF HEALTH l� 120 MAIN STREET NORTH ANDOVER, MASS. 01845 APPLICATION FOR DUMPSTER PERMIT PURSUANT TO SECTION 31A AND 31B OF CHAPTER 111 OF THE GENERAL LAWS, AND RULES AND REGULATIONS OF THE NORTH ANDOVER BOARD OF HEALTH DATE fy — 13 `-I TO THE BOARD OF HEALTH: TEL: 682-6483 Ext. 32 or 33 Application is hereby made for a permit to maintain a dumpster on property located at _3`? A9 ,FS S -F in accordance with the Rules and Regulations of the Board of Health Check use: ( ) Residential use ( x) Commercial use ( ) 30 day temporary ( ) Annual Name of applicant: _(MI ElD PAWEL SE99165!- Owner of property: cfAei-e-S 7; Telephone number: 5''b&- fr 1 - 799 On the bottom half of this form, please sketch an outline of property, showing the proposed location of the dumpster. Give distance from dumpster to other buildings and lot lines or aide if additional space is needed. Please return this application with a fee of $10.00 ($5.00 for temporary permit) to: Board of Health, 20 Main St., No. Andover, MA 01845. I ....unless sooner sus &fdy voked. . .... . ............ ..... ....... . ..................... ..................... -VA ....unless sooner sus &fdy voked. . .... . ............ ..... ....... . ..................... .....................