HomeMy WebLinkAboutMiscellaneous - 400 OSGOOD STREET 4/30/2018 400 OSGOOD STREET
)/094.0-0001-0000.0 't
1.
NEW ENGLAND CLAIMS SER�ICEr nC,
incorporated 11985
r ' r Rep)y To IJ
❑ Reply To r�.
P.O. BOX 345100 CONIFER HILL DRT'\IE; SUITE 305
i.l 1 1J`nl ;_ti_
MANSFIELD,NiA 02048 Dfi NWERS, MA 0]923
+womF+Joew+
AWLI Tors TEL. (975) 777-9900
TEL. c 508' 337-8058 +�
;� �j- FAQ(975) 774-9296
FAX (508) 339-5835
wrandall@ncurenglandclai un s.coin
Form of Notice of Casualty Loss to Building
Under NiASS. GEN. LAWS, Ch. 139, Sec .3B
To: Building Commissioner or Bo rd of 411481t §r 2005
Inspector of Buildings Bo rAt?& Vt�- en;,vDovER '
HES TH DE TMENT
1 �.titl �!-rites
A). 9Vl
RE: Insured: � �
Property Address:
Policy Number:
Date/Cause of Loss:
File or Claim Number:
Claim has been made involving loss, damage or destruction of the above- captioned property,
which may either exceed $1,000.00 or cause MASSACHUSETTS GENERAL LAWS, CHAPTER
143, SECTION 6, to be applicable. If any notice under MASSACHUSETTS GENERAL LAWS,
CHAPTER 139, SECTION 3B is appropriate, please direct it to the attention of the writer and
include a reference to the captioned insured, location, policy number, date of loss and claim or
file number.
On this date, I caused copies of this notice to be sent to the persons named above at the
addresses indicated above by first class mail.
aims Adjuster ate
1506 Providence Highway,Suite 30
lord Associates, lnc. Norwood,MA ozo6z-4647
Voice: 781.255.5554
Environmental Consulting&Licensed Site Professional Services Fax: 781.255.5535
www lnrrlanv.rnm
April 19, 2017
RECOWU
North Andover Board of Selectmen 'L 4 ZW
120 Main Street
North Andover, MA 01845 ���rySIO�HpEP R MENT R
H�
North Andover Board of Heath
120 Main Street
North Andover, MA 01845
North Andover Building Code Enforcement Officer
120 Main Street
North Andover, MA 01845
Re: Amendment to Activity and Use Limitation:
400 Osgood Street
RTN 3-14192
Dear Public Official:
Lord Associates, Inc. has prepared the attached Second Amendment to the Activity and Use
Limitation (AUL) recorded on the property deed for the property at 400 Osgood Street. This
amendment was necessary to clarify that indoor recreational use and athletic training are
permitted, and that the only restrictions placed on property use are those that might disturb or
relocate petroleum-contaminated soils located at 5 to 12 feet below surface grade.
This notification is being made pursuant to section 310 CMR 40.1403(7) of the Massachusetts
Contingency Plan (MCP
Please do not hesitate to contact us if you have any questions or concerns,
Sincerely,
LORD ASSOCIATES, INC.
Ralph J. Tella, LSP, CHMM
President and Senior Project Manager
r
ESSEX NORTH REGISTRY OF DEEDS
LAWRENCE,MASS.4�--3� �� --
I A TRUE:COPY.-ATTEST:
I
REGISTER Or DRF-DS
i
ii
Form 1OB2B
i
SECOND AMENDMENT TO NOTICE OF ACTIVIIY AND USE LIMITATION
M.G.L.c.21E,§6 andi330 CMR 40.0000
i
Disposal Site Name:400 Osgood Street,North A ndove ,Massachusetts
DEP Release Tracking Noi l(s):3-14192
WHEREAS,a Notice of Activity and Use Limitation has been recorded with the Essex County Registry of
Deeds in Book 4828 Page 135;said Notice of AcIvity and Use Limitation was previously amended by an
Amendment to a Notice of Activity and Use Limitation dated May 3,2002,recorded with the Essex
County Registry of Deeds In Book 6834 Page1501,said Notice of Activity and Use Limitation and any
amendments thereto are collectively referred to herein as"Notice");
;
WHEREAS,said Notice sets forth limitations on Xse an activities,conditions and obligations affecting
certain parcel of land situated'in North Andoved, Esse County,Massachusetts with the buildings and
improvements thereon,Bald land being more p�rticuk rly bounded and described in Exhibit A attached
hereto and made a part hereof("Property"). SaIid lim' ations on use and activities are consistent with
the terms of maintaining a Permanent Solution and a ondition of No Significant Risk(such conditions
and terms being defined;in 310 CMR 40.0000);and
WHEREAS,the undersigned Licensed Site Professional in accordance with M.G.L.c.21E and the MCP
opines that the implementation of the followinpropt sed changes in Site Activities and Uses at the
Property will maintain a Permanent Solution ant cond tion of No Significant Risk;
1."Permitted Activitiesland Uses Set Forth In he AU O inion"is amended to read as follows:The
AUL Opinion provides that a condition of No Significa it Risk to health,safety,public welfare or the
environment exists for any foreseeable period of time(pursuant to 310 CMR 40.0000)so long as any of
the following activities and uses occur on the Prope :
j
(i)Commercial and/or inI ustrial uses and activities as dated therewith,including,but not limited to,
pedestrian and/or vehicular traffic,indoor r� creat onal use and athletic training,landscaping,and
routine maintenance of landscaped areas,which co not cause and/or result in the disturbance
and/or the re-location of p;etroleurn-contarninated soil located at 5 to 12 feet below surface grade;
i
Bk 15047 Pg18 #9206
(ii) Short-term (one month or less) underground tllityand/or construction activities including,but not
limited to,excavation(including emergency repair of underground utility fines),which are likely to
disturb petroleum-contamIinated soil located at�to 12 feet below surface grade,provided that such
activities are conducted iri accordance with Obligations Conditions(i)and(ii) in Section 3 of this Activity
and Use Limitation Opinio',n ("Ci,pinion"),the soil�nanag ment procedures of the MCP cited at 310 CMR
40.0030,and all applicable worker health and safety practices pursuant to 310 CMR 40.0018;
(iii)Activities and uses which are not identified in this Opinion as being inconsistent with maintaining a
condition of No Significant Risk;and
�
(iv)Such other activities a 1 nd uses which,In the C pinion of an LSP,shall present no greater risk of harm
to health,safety,public welfare,or the environrT ent th 3n the activities and uses set forth in this
Paragraph. I
I
2."Activities nd Uses In i onsistent with AUL O inlon' is amended to read as follows:Activities and
uses which are inconsistent with the objectives of this I lotice,and which, If implemented at the
Property,may result in a significant risk of harm to hea th,safety,public welfare or the environment or
in a substantial hazard,ar I i as follows:
(I)Use of the property as a residence,school(wi h the xception of adult education),daycare,nursery,
outdoor recreational area
(such as a park or athletic fie ds);
(il)Any activity including,,but not limited to,exciIvatio which is likely to disturb petroleum
contaminated soil located at 5'to 12 feet below surfac grade associated with underground utility
and/or construction work,without prior develodment and implementation of a Soil Management Plan
and a Health and Safety Plan in accordance with Obligations(I)and(ii)of Section 3 of the AUL;
(iii)Any activity which is likely to disturb petroleum-cor taminated soil located at 5 to 12 feet below
surface grade for a period of time greater than three rn onths,unless such activity is first evaluated by an
LSP who renders an Opinion stating that such activity i consistent with maintaining a condition of No
Significant Risk and that such activity is conducted In a cordance with Obligations(i)and(ii)of Section 3
of this AUL; and
(iv)Relocation of petroleum-contaminated soil located at 5 to 12 feet below surface grade,unless such
relocation is first evaluated byan LSP who renders an pinion stating that such relocation is consistent
with maintaining a condition of No Significant Risk.
l
3,"Obligations and Conditions" is amended to iead as follows: If applicable,obligations and/or
conditions to be undertaken and/or maintained at the Portion of the Property to maintain a condition of
No Significant Risk as set forth in the AUL Opinion shall include the following:
(!)A Soil Management Plan must be prepared b a Lice sed Site Professional(LSP)prior to the
commencement of any activity which is likely to disturb petroleum-contaminated soil located at 5 to 12
feet below surface grade;The Soil Management Planshould describe appropriate soil management,
_ I
i
I
I
I
^ I
Bk 15047 Fg19 #9206
characterization,storage,transport and disposal proced res in accordance with the provisions of the
MCP cited at 310 CMR 40,0030'et seq.Workers A ho ma i come in contact with the petroleum-
contaminated soil should be appropriately trained on th requirements of the Plan,and the Plan must
remain available on-site tfjroughout the course of the p oject;
(11)A Health and Safety Pla,In mulst be prepared anI implemented prior to the commencement of any
activity which may result i{'the Idisturbance of petroleu -contarninated soil located at 5 to 12 feet
below surface grade.The I ealth and Safety Plan should be prepared by a Certified industrial Hygienist
or other qualified individual appropriately traine in wo ker health and safety procedures and
requirements.The Plan shc)uld specify the typepeIrsona protection,engineering controls,and
W
environmental monitoring necessary to prevent orker and other potential receptor exposures to
petroleum-contaminated soil through ingestion,�ermal contact,and inhalation.Workers who may
come in contact with the petroleum-contaminat Id soil should by appropriately trained on the
requirements of the Plan,and the Plan must rem in available on-site throughout the course of the
project; and
i
(iii)The petroleum-contaminated soil located at 1 to 12 feet below surface grade must remain at depth
and may not be relocated;unless such activity is i irst evaluated by an LSP who renders an Opinion which
states that such activity poses no greater risk of arm to health,safety,public welfare,or the
environment and ensuresthat a condition of No ignificant Risk is maintained.
In all other respects the provisions of said Notice remain unchanged. William F.Bannister,Trustee,400
Osgood St. Nominee Trust,300:Winter Street,N.Andov ar,MA. 01845,together with his/her successors
and assigns(collectively"Owner")authorizes anc consents to the filing and recordation/and or
registration of this Second Amendment to Notice of Act vity and Use limitation,said Second
Amendment to become effective when executed under seal by the undersigned Licensed Site
Professional and recorded and/or registered wit i the a propriate Registry of Deeds and/or Land
Registration Office.
WITNESS the execution hereof'under seal this ' day of web a. 2017.
i
i
William F.Bannister,Trustee,4.00 Osgood Street Nomir ee Trust
i
I
COMMONWEALTH OF iMASSACHUSETTS
i
SS�x ss a- .2017
1
On this3 day of 2017, before me,the undersigned notary public,personally appeared
(name of document signer),proved to me through satisfactory evidence of
1
I I
Bk :15047 Pg20 #9206
i
Identification,which were 1)f,'uO-f" If to be the person whose name Is signed on the
preceding or attached document,and acknowledged to me that(he)(she)signed it voluntarily for its
stated purpose.
.. I
(as partner for partnership)
i
(as for ! a corpo ation)
(as attorney in fact for I the principal)
(as for i (a)(the) )
' LINDA A: FIRTH
Notary Public
�j r..Jam• I �C:,nvnonwealfh of Massdls
chusN
(official signature and seal of not ry) i My Corn inissiori fxplre*
Docembor 28, 2018
I
The undersigned Licensed.Site Professional hereby cert fies that in his Opinion,this Second Amendment
to Notice of Activity and Use Limitation is consistent wi h a Permanent Solution and maintaining a
condition of No Significant Risk,.
I
i
Date; oZIUli7
Ralph J Tella,LSP;
[Licensed Site Professional SEAL]
COMMONWEALTH OF!MASSACHUSETTS
i
C[]YCrrl(, 'ss .8 2017
On this $ day of FMVLAAVI2017,before me,th undersigned notary public, personally appeared
tzl� h
—Ie—(l6- (name of document sign r),proved to me through satisfactory evidence of
Identification,which were to be the person whose name is signed on the
preceding or attached document,and acknowleged t me that(he)(she)signed it voluntarily for its
stated purpose.
i
(offcial signature and seal of not ry)
DEBRA J WHITE ,
Notary IPublic
g USES'
F'6$WG1oVMAM0wW7EALMMymisionresber 23, 202
i
i
i
Bk 15047 Pg21 #9206
BK 6834 PG 157
RM XT a
Metes it d Bou ads Description
Beginning at a Massachusetts Highway Bot md on he northeasterly side of Osgood Sheet,said bound
being approximately one hundred-ninety-one(191)feet northerly of the centerline of Harkaway
Street;thence S 820-57149"W a distance of 83.32 to the point of beginning;
thence turning and running along Osgood Sn•eet S 6°54'00"W a distance of 319.65' to a point;
thence turning and running along Osgood Sireet S 3°2130"W a distance of 58.82''.o a point at the
northeasterly corner of land now or formerly beli onging to the Town of North Andover;
thence turning and r�tnnirig along land now or fo erl y belonging to the Town of North Andover
N 23°57'30"W a distance of 1060.82'to a point
thence taming and running along land now or fo erly belonging to the Town of North Andover
N 73°41'37"E a distance of 184.65'to apoint;
thence turning and r nning along land now or forrt,crly belonging to the Town of North Andover
S 33°54'18' E a distance of 870.98' to the point f beginning,
i
i
i
i
j
I
i
1
i
i
I
I
i
i
I I
I
i
I
j
i
I '
j ':
Bk 15047 Pg22 #9206
i
i
I
N• ``�
►/I a6avoo ...
`='Z 1 S p
Y b`� �{ it d
/fir •• � ! I lJ s �I i't t°!' `�itjT �r a
/ t '•944
y . 5
•� f
rig
� �i.� dip•.' I.. �!
• ` y / i'• 3 '• �t
j.
e
�r70�
Y r r
�aA�'
'/• t / hv y
i
I
i
I
I
i
Bk 15047 Pg23 #9206
EXHIBIlT C
REV ACTIVITY ACTIVITY A DUE LIMITATION OPINION
In accordance with the requirements of 310 CMR 0.1074,this Activity and Use limitation
Opinion has been prep red for a parcel of land owird by the 400 Osgood Nominee Trust located
at 400 Osgood Street, North Andover, Massachus tts,01845. As of the date of this Activity and
Use Limitation Opinion,the property is zoned for iresidential use, but has a variance for limited
commercial and industrial use. The property is ap roximately 5.8 acres in size and currently
developed with a two-story,:30,000-square foot bididing currently used for storage and an
athletic training facility',.
Site History
The existing building on the Site was originally own as"Machinery Hall". The Museum of
American Textile History built it for storage and research on historic textile equipment.
A portion of the Site was reportedly once used as a solid waste landfill for nearby textile mills.
i
In 1997, Cygnus Group,Inc. completed a Phase I: Initial Site Investigation and Response Action
Outcome Report on behalf of the Museum. The p rpose of this report was to document .
investigations that determined the nature and extent of reported subsurface contamination related
to a historic release of oil and/or hazardous materials at the Site. The release was identified
based on laboratory analytical results for total pet leum hydrocarbon(TPH)by EPA Method
8100M in it soil sample exceeding the Massachusetts Department of Environmental Protection
(DEP) RCS-1 reportable concentration of 5 0 mVKg. Pursuant to the requirements of the
Massachusetts Contingency Plan(the"MCP,"31 GMR 40.0000),the release was reported to
the DEP on September;3, 1996. The DEP listed the Site as number 3-14192.
[Note: The "MCP" is the Commoni vealth of Massachuestts'code of regulations
for the notification, assessment, andl clean p of disposal sites where a release of
oil and/or hazardous materials has ccurr d.]
t
As a result of Phase II subsurface investigations,i was determined that elevated levels of
petroleum hydrocarboris above MCP Method 1 cl anup standards were present in association
with fill material that was deposited throughout t northwestern portion of the property. The
majority of the TPH was found at a depth b�tween 5 and 12 feet below surface grade. Only low
levels of TPH were found in the southeastern bowidary. Existing surface grade elevations,a
drainage ditch,and a Wetland area help define out r bounds of the contaminated fill material in
other directions(see Site Plan in Exhibit B)I All site contaminants detected in groundwater were
below the potentially applicable MCP Method I c eanup standards.
[Note: The "MCP Method I CleanutP Sta dards"refer to numerical standards
for chemical contaminants in soil arld gro ndwater, which are published in the
MCP.J
I I
I
Bk 15047 Pg24 #9206
Reason for the Activity and Use Limitation
A Method 3 Risk Characl erization was condu ted to evaluate the risk posed b contamination
� P Y
remaining in soil and groundwater within theite bc undary. This Method uses site-specific
information to derive a gLantitative estimate o:riskof harm to human health,safety,public
welfare and the environment ibr all current ani foreseeable l:uture activities and uses.
I !
As a result of the Risk Characterization, it was deterniined that the Site poses "No Significant
Risk"to human health, safety,public welfare dr theenvironment for current conditions of
commercial and/or industrial 'use. However,I ecause the Risk Characterisation assumed limited
access of Site soil by infrequent visitors, trespassers and construction/utility workers,an Activity
and Use Limitation(AUL) is required to restrict certain future activities and uses that could
potentially result in a greater exposure to the iffecte soils,
i
Permitted Activities and Uses
The AUL Opinion provides that a condition of No Significant Risk to health, safety,public
welfare or the environment exists for any foreheeabi period of time(pursuant to 310 CMR
40.0000)so long as any of the following activities and uses occur on the Property:
(i)Commercial and/or industrial uses and activities sociated therewith,including,but not
limited to,pedestrian and/or vehicular traffic,indoo recreational use and athletic training,
landscaping, and routine maintenance of landscaped areas,which do not cause and/or result in
the disturbance and/or the re-location of petroleum-, ontaminated soil located at 5 to 12 feet
below surface grade;
(ii)Short-Ierm(one morith or less)undergrou d util ty and/or construction activities including,
but not limited to,excavation(including emergency repair of underground utility lines),
which are likely to disturb petroleum-contami ated ioil located at 5 to 12 feet below surface
grade,provided that such activities are condu ted in accordance with Obligations/Conditions
(i)and (ii) in Section 3 of this Activity and U e Li •tation Opinion("Opinion"),the soil
management procedures of the MCP cited at 310 C14R 40.0030,and all applicable worker
health and safety practic6s pursuant to 310 CMR 40 0018;
I
(iii)Activities and uses�vhicl are not identifi d in t is Opinion as being inconsistent with
maintaining a condition of No Significant Ris ;and
(iv)Such other activities and!uses which,in t e Opi ion of an LSP,shall present no greater risk
of harm to health,safety;public welfare,or the envi onment than the activities and uses set
forth in this Paragraph.
i
1 i
i
i
i
- i
i
i i
Bk 15047 Pg25 #9206
I
I
Activities and Uses Inc nsistent with AUL Opinion
Activities and uses which are inconsistent with the bjectives of this Notice,and which,if
implemented at the Prorty,may result in a signifi(ant risk of harm to health, safety,public
welfare or the environment ok in a substantial hazard,are as follows:
(i) Use of the property al a residence,school iwith die exception of adult
education),daycare,nuri1sery,outdoor recreational arm(such as a park or athletic fields);
(ii)Any activity including,bzit not limited to,excav tion,which is likely to disturb petroleum
contaminated soil located at$ to 12 feet below surf ce grade associated with underground
utility and/or construction work,without priori devel pment and implementation of a Soil
Management Plan and al,Health and Safety Pl�n in a cordance with Obligations(I)and(ii)of
Section 3 of the AUL;
i
(iii) y IY p
("')Any activity which is likel to disturb a ole -contaminated soil located at 5 to 12 feet
below surface grade fora period of time greater than three months,unless such activity is first
evaluated by an LSP who renders an Opinion istating that such activity is consistent with
maintaining a condition'of No Significant Ri*and hat such activity is conducted in accordance
with Obligations(i) and(ii)of Section 3 of ths AU ; and
(iv)Relocation of petroleum1contaminated soil located at 5 to 12 feet below surface grade,unless
such relocation is first eyaluated by an LSP 4o renders an Opinion stating that such relocation
is consistent with maintaining a condition of No Significant Risk.
Obligations and Conditions
i
If applicable,obligation's and./or conditions Zificerit
e un ertaken and/or maintained at the Portion of
the Property to maintain a condition of No Risk as set forth in the AUL Opinion shall
include the following;
(i) A Soil Management Plan'rnust be prepared by a icensed Site Professional(LSP)prior to the
commencement of any activity which is likely todi turb petroleum-contaminated soil located
at 5 to 12 feet below surface grade. The Soil Man ment Plan should describe appropriate
soil management,characterization,storage,transpo and disposal procedures in accordance
with the provisions of the MCP cited at 310 CMR 40.0030 et seq.Workers who may come in
contact with the petroleum-contaminated soil should be appropriately trained on the
requirements of the Plan, and the Plan must main available on-site throughout the course of
the project;
i
(ii)A Health and Safetyl Plan must be prepared and mplemented prior to the commencement of
any activity which may result in the disturbance ofpetroleum-contaminated soil located at 5 to
12 feet below surface g>iade. The Health and safety Ian should be prepared by a Certified
Industrial Hygienist or other;qualified individluat appropriately trained in worker health and
I
i
i
i
i
I I
Bk 15047 Plg26 #9206
i
safety procedures and requir Iments.The Plar shoul i specify the t3Te personal protection,
engineering controls,and envirorunental mor itorin necessary to prevent worker and other
potential receptor exposures to petroleum-comtamin ated soil through ingestion,dermal
contact,and inhalation..Workers who may come in Dontact with the petroleum-contaminated
soil should be appropriately trained on the re, iretrents of the Plan,and the Plan must
remain available on-site throughout the course of ee project.;and
(iii)The petroleurn-con aminated soil locate at 5 t 12 feet below surface grade must remain at
depth and may not be relocated,unless such activi is first evaluated by an LSP who renders
an Opinion which states that such activity po�es no greater risk of harm to health,safety,
public welfare,or the environment and ensures that a condition of No Significant Risk is
maintained. '
1
,
I
LSP: "'
Ralph J. Tella,Licensed Site Professional
i
DATE: ��; 0?0!7
i
i
i
i
I I
1
,
r
Bk 15047 Pg27 #9206
j
i
' 1
` March 29,2017
,
,
• � I
To Whom It May Concern:
I attest that I Willia F Bannister,Jr.Trustee 0 05 ood Street Nominee Trust am the owner
of Record on March 29,201
I i
I
Respectfully,
William F.Bannister Jr.
Trustee
i
i
I .
i
I
i
f � I
1
i
I
i Bk 15047 Pg28 #9206
i
William F.Bannister
•400 Osgood Street Nornined Trust
400 Osgood Street
North Andover,MA 0194 5i
March 29,2017
Elizabeth Hawkin
People's United Bank
One Conant Street
Danvers,MA 01923
I
I
i
Dear Liz, i
Please find attached copy c f amendment to A.0. .o roperty at 400 Osgood Street recorded on
+
March 29,2017. People's nitedMver Bank is iste I ILS mortgage holder and therefore I am
providing you the attached ! If you have any flutler u stions do not hesitate to call.
i .
t
Best Regards,
William F. Bannister
Trustee
,
i
i
i
I
i'
i'
i
�i
i
I'
i
i j
Bk 15047 Pg29 #9206
Peo e n#td
A� 1 ;
ank
William F. Bannister
400 Odgood Street Nominee
T[rust
400 Osgood Street
North Andover, MA 01845
i
i
April 10,2017
i
Dear Bill, '
I
Please accept this letter as an acknowledgemeh t thal People's United Bank received your letter
dated March 29, 2017 notifying the Bank of the ended AUL and that Peoples United Bank
hereby waives the need of a thirty(30)day notice prior to recording.
If you have any fiuther questions do not hesita to cEll.
i •
Sincerely,
Elizabeth A.Hawken
Business Banker, 'VP Commercial Lending
One Conant Street
Danvers,MA 01923
978.739.0237
elizabeth bawken(a peoples coin
1 I
I
i
• � i
I
i
i
I
i
i
i
i
I
One Conant Street,Da ers,Massachusetts 01923
peoples.com
i
lord Associates, Inc. 520 Providence Highway, Suite 8
Norwood MA 02062-4946
Environmental Consulting&Licensed Site Professional Services
04NORTH A MDQ,
OF.-1EALTH Voice: 781.255.5554
Fax: 781.255.5535
I www.1ordenv.com
May 24, 2002 3 2032
iu
Board of Health Office
Town Offices
27 Charles St.
North Andover, MA 01845
Attn: Chairperson
RE: Notice to Public Officials of Recording of Amendment and Ratification of Notice of
Activity and Use Limitation —400 Osgood St., North Andover, MA 01845
To Whom It May Concern:
The purpose of this letter is to inform you that on May 16, 2002, a Notice to Public Officials
of Recording of Amendment and Ratification of Notice of Activity and Use Limitation
("AUL"), a copy of which is enclosed, was recorded with the Essex County Registry of
Deeds instrument number 21373. The AUL identifies certain activities and uses which are
inconsistent with maintaining a condition of No Significant Risk at the subject property.
Such activities and uses are so identified in order to prevent exposures to residual
petroleum—contaminated soil located at 5-12 feet below surface grade. The AUL identifies
those activities and uses which are consistent with maintaining a condition of No Significant
Risk and those obligations and conditions necessary to ensure that a condition of No
Significant Risk continues to exist at the property for the foreseeable future.
This public notification is being provided pursuant to the Massachusetts Contingency Plan,
310 CMR 40.1090 and 310 CMR 40.1403(7)(a). If you have any questions, please contact
William Bannister, Trustee of the 400 Osgood Street nominee Trust, at (978) 683-8907.
Sincerely,
LORD ASSOCIATES, INC.
Q�
Ralph l. Tella CHMM, LSP
Vice President and Senior Project Manage
CC: DEP
Board of Health
Building Code Enforcement Official
Zoning Official
W/Enclosure
A Massachusetts Certified MBE
Massachusetts Department of Environmental Protection BWSC-111
r Bureau of Waste Site Cleanup
AUDIT FOLLOW-UP PLAN TRANSMITTAL FORM Release Tracking Number
& POST- AUDIT COMPLETION STATEMENT ❑ - 1419 2
Pursuant to 310 CMR 40.1160-40.1170(Subpart K)
A. SITE LOCATION:
Site Name:(optional) Former American Textile History Warehouse
Street: 400 Osgood Street Location Aid: Harkaway Road
Cityfrown: North Andover ZIP Code: 01845
Tier Classification Status:(check one) ❑ Not Tier Classified ® Tier 2 ❑ Tier 1 Permit Transmittal Number:
Related Release Tracking Numbers that this Form Addresses:
B. THIS FORM IS BEING USED TO: (check one) �n
❑ Submit an Audit Follow-Up Plan(complete Sections A,B,C.0,E and F).Submit a Modified or Revised Audit Follow-Up Plan(complete Sections .QdW. u
® Submit a Post-Audit Completion Statement(complete Sections A.13,C,0.E,and F).
You must attach all supporting documentation for the use of form indicated,including copies of
any Legal Notices and Notices to Public Officials required by 310 CMR 40.1400:
C. LSP OPINION CERTIFICATION:
I attest under the pains and penalties of perjury that I have personally examined and am familiar with the information contained in this transmittal form,
including any and all documents accompanying this submittal. In my professional opinion and judgment based upon application of(i)the standard of care in
309 CMR 4.02(1),(ii)the applicable provisions of 309 CMR 4.02(2)and(3),and(iii)the provisions of 309 CMR 4.03(5),to the best of my knowledge.
information and belief.
> if Section B of this form indicates that an Audit Follow-up Plan,or a Modified or Revised Audit Follow-up Plan is being submitted,the response action(s)
that is(are)the subject of this submittal(i)has(have)been developed in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000.
(ii)is(are)appropriate and reasonable to accomplish the purposes of such response action(s)as set forth in the applicable provisions of M.G.L.c.21E and
310 CMR 40.0000 and(iii)complies(y)with the identified provisions of all orders,permits,and approvals identified in this submittal:
> ff Section B of this form indicates that an Post-Audit Completion Statement is being submitted,the response action(s).that is(are)the subject of this
submittal(i)has(have)been developed and implemented in accordance with the applicable provisions of M.G.L.c.21E and 310 CMR 40.0000,(ii)is(are)
appropriate and reasonable to accomplish the purposes of such response action(s)as set forth in the applicable provisions of M.G.L.c.21 E and 310 CMR
40.0000 and(iii)complies(y)with the identified provisions of all orders,permits,and approvals identified in this submittal.
I am aware that significant penalties may result,including,but not limited to,possible fines and imprisonment,if I submit information which I know to be false,
inaccurate or materially incomplete.
❑ Check here if the Response Action(s)on which this opinion is based,if any,are(were)subject to any order(s),permits)and/or approval(s)issued
by DEP or EPA If the box is checked,you MUST attach a statement identifying the applicable provisions thereof.
LSP Name: Ralph J. Tells LSP#: 7473
Stamp:
Street 520 Providence Highway, Suite G-8
Cityfrown: Norwood State: MA 02062 '��OF °��
ZIP Code: dd G
Telephone- 781-255-5554 ° RALPH
Ext.: J.
LLA
FAX:(optional) 781-255-5535 No. 74T3 v'
<3
Signature: Date:
SITE PR�ch
Revised 11/30/1999 Do Not Alter This Form Page 1 of 2
DRAFT
Massachusetts Department of Environmental Protection BWSC-111
Bureau of Waste Site Cleanup
AUDIT FOLLOW-UP PLAN TRANSMITTAL FORM Release Tracking Number
& POST AUDIT COMPLETION STATEMENT 3] - 14192
Pursuant to 310 CMR 40.1160-40.1170(Subpart K)
D. PERSON RESPONDING TO AUDIT:
Name of Organization: 400 Osgood Nominee Trust
Name of contact: William Bannister Title: Trustee
Street: 380 Winter St.
CityfTown: North Andover, State: MA ZIP Code: 01845
Telephone: 978-683-8907 Ext.: FAX: 978-683-8907
.❑ Check here if there has been a change in the person undertaking Response Actions at the Site since the previous submittal to DEP.
E. RELATIONSHIP TO SITE OF PERSON RESPONDING TO AUDIT:
] RP or PRP Specify:® Owner [] Operator ❑ Generator ❑ Transporter Other RP or PRP:
El Fiduciary,Secured Lender or Municipality with Exempt Status(as defined by M.G.L.c.21 E.s.2)
Agency or Public Utility on a Right of Way(as defined by M.G.L.c.21 E,s.50))
Any Other Person Responding to Audit Specify Relationship:
F. CERTIFICATION OF PERSON RESPONDING TO AUDIT:
1. William Bannister ,attest under the pains and penalties of perjury(i)that I have
personally examined and am
familiar with the information contained in this submittal,including any and all documents accompanying this transmittal form,(ii)that,based on my
inquiry of those individuals immediately responsible for obtaining the information,the material information contained in this submittal is,to the best of
my knowledge and belief,true,accurate and complete,and(iii)that I am fully authorized to make this attestation on behalf of the entity legally
responsible for this submittal. I/ rson or entity on whose behalf this submittal is made an-Vis aware that there are significant penalties,including,
but not limited to,possible s
By: 0 1 a mpnsonment,for lifully submitting false,inaccurate,or incomplete information.
`' ` Tille: Trustee
(signature)
400 Osgood Nominee Trust S 3
For: Date:
(print name of person or entity recorded in Section D)
Enter address of person providing certification,if different from address recorded in Section D:
Street:
City/Town: State: ZIP Code:
Telephone: Ext.: FAX:
YOU MUST COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY RETURN THE DOCUMENT AS
INCOMPLETE. IF YOU SUBMIT AN INCOMPLETE FORM,YOU MAY BE PENALIZED FOR MISSING
A REQUIRED DEADLINE.
Revised 11/30/1999 Do Not Alter This Form Page 2 of 2
DRAFT
i
i
I
Massachusetts Department of Environmental Protection BWSC-114S
Bureau of Waste Site Cleanup
r Release Tracking Number
ACTIVITY & USE LIMITATION (AUL) OPINION FORM
3❑- 14192
COMPLETE THIS FORM AND ATTACH AS AN EXHIBIT TO THE AUL DOCUMENT TO BE RECORDED AND/OR REGISTERED WITH THE
REGISTRY OF DEEDS AND/OR LAND REGISTRATION OFFICE.
A. LOCATION OF DISPOSAL SITE AND PROPERTY SUBJECT TO AUL:
Disposal Site Name: Former American Textile History Museum Warehouse
Street: 400 Osgood Street Location Aid: Harkaway Road
City/Town:
North Andover ZIP Code:
Address of property subject to AUL,if different than above. Street:
City/Town: ZIP Code:
B. THIS FORM IS BEING USED TO:
Provide the LSP Opinion for an Amendment and Ratification of a Notice of Activity and Use Limitation,pursuant to instructions provided by DEP
in a Notice or Audit Findings issued to: 400 Osgood Nominee Trust and American Textile History Museum
Name of Organization or person:
Date issued: 09/25/2001
C. LSP OPINION:
I attest under the pains and penalties of perjury that I have personally examined and am familiar with this submittal,including any and all
documents accompanying this submittal. In my professional opinion and judgment based upon application of(i)the standard of care in 309
CMR 4.02(1),(ii)the applicable provisions of 309 CMR 4.02(2)and(3),and(iii)the provisions of 309 CMR 4.03(5),to the best of my knowledge,
information and belief.
The Amendment and Ratification of the Activity and Use Limitation that is the subject of this submittal is being provided in accordance with
instructions provided by the Department of Environmental Protection in a Notice of Audit Findings issued to:
Name of Organization or per/son: ��� 0s L)t�I �"~NeG /'rusj Rur1 ilc�tt' �i.� 1`Kr•Ck r`[rrflrf� (lic����t
Date issued: �h-, C /
am aware that significant penalties may result,including,but not limited to,possible fines and imprisonment,if I submit information which
know to be false,inaccurate or materially incomplete.
Check here if the Response Action(s)on which this opinion is based,if any,are(were)subject to any order(s),permit(s)and/or approval(s)
issued by DEP or EPA. If the box is checked,you MUST attach a statement identifying the applicable provisions thereof.
Ralph J. Tella 7473
LSP Name: LSP#: Stamp:
Telephone: / / — 5 —S J J� Ext.: OF M"+� �
FAX: L�SA(.F�
LSP Signature: / w L�G2�L �a T4'LLA
747: ,
Date: S^
YOU MUST COMPLETE ALL RELEVANT SECTIONS OF THIS
FORM OR DEP MAY FIND THE DOCUMENT TO BE INCOMPLETE.
Revised 4/2/2001 Page 1 of 1
!p 42y% AMENDMENT AND RATIFICATION OF NOTICE OF ACTIVITY AND USE LIMITATION
�i (for amending and ratifying a Notice of Activity and Use Limitation recorded on or before October 29, 1999)
WITNESSETH:
v
This Amendment and Ratification of Notice of Activity and Use Limitation ("Amendment and
Ratification") is made as of this 3'-k day of May, 2002, by William F. Bannister, Trustee, 400 Osgood St.
Nominee Trust, 300 Winter Street, N. Andover, MA. 01845, together with his/their successors and assigns
(collectively"Owner").
•a
WITNESSETH:
WHEREAS, Owner is the owner in fee simple of a certain parcel of land located in North Andover, Essex
e County, Massachusetts ("Property"),pursuant to a deed recorded with the Essex County Registry of Deeds in Book
.,) 1146,Page 72;
WHEREAS,the Property comprises a disposal site,or part of a disposal site,as the result of a release of oily
and/or hazardous material ("the Disposal Site"). Response actions have been selected for the Disposal Site in
1 accordance with M.G.L. c.21E ("Chapter 21E") and the Massachusetts Contingency Plan, 310 CMR 40.0000 ("the
MCP"). Said response actions are based upon (a) the restriction of human access to and contact with oil and/or C;
hazardous material in soil and/or groundwater, and/or (b) the restriction of certain activities occurring in, on,
through,over or under the Property or a portion thereof. The Department of Environmental Protection has identified
' the Disposal Site as Release Tracking Number 3-14192;
T
WHEREAS, on August 8, 1997, the American Textile History Museum filed a Notice of Activity and Use
° Limitation with the Essex County Registry of Deeds in Book 4828, Page 135 imposing an activity and use limitation
L
on a portion of the Property("the Original AUL"). The Property affected by the Original AUL and this Amendment
and Ratification is hereinafter referred to as "the AUL Area." The AUL describes activities and uses that are
permitted within the AUL Area, and defines obligations and conditions that must be maintained within the AUL
Area. The AUL also describes uses and activities which, if carried out within the AUL Area, could result in
Significant Risk to health, safety, public welfare or the environment due to potential exposure to residual
contamination. .
WHEREAS, the following amendments to the Original AUL are necessary to ensure that a condition of No
Significant Risk is maintained at the Disposal Site.
NOW,THEREFORE,Owner hereby amends the Original AUL as follows:
AUL Area
The AUL Area is bounded and described in Exhibit A, attached hereto and made a part hereof. Exhibit A
replaces and supercedes any description(s) of the AUL Area contained or referenced in the Original AUL.
The AUL Area is shown on a survey plan recorded in the Essex County Registry of Deeds in Plan Book
Plan IW. 13 Said plan replaces and supercedes any plan(s) of the AUL Area contained or
referenced in the Original AUL. A sketch plan showing the existing surface grade elevations of the AUL
Area is bounded and described as Exhibit B.
AUL Opinion
The basis of the Original AUL, as amended herein, is an Activity and Use Limitation Opinion ("AUL
Opinion"), prepared by a Licensed Site Professional and attached hereto as Exhibit C. Said AUL Opinion
replaces and supercedes any AUL Opinion contained or referenced in the Original AUL.
D l�-,
Site Activities and Uses
The following descriptions of Permitted Activities and Uses, Activities and Uses Inconsistent with the AUL
Opinion,and Obligations and Conditions replace and supercede those contained in the Original AUL.
1. Permitted Activities and Uses. A condition of No Significant Risk to health, safety, public welfare or
the environment exists for any foreseeable period of time so long as any of the following activities and uses
occur within the.AUL Area:
(i)Commercial and/or industrial uses and activities associated therewith,including,but not
limited to,pedestrian and/or vehicular traffic,landscaping,and routine maintenance of
landscaped areas,which do not cause and/or result in the disturbance and/or the re-location of
petroleum-contaminated soil located at 5 to 12 feet below surface grade;
(ii)Short-term(one month or less)underground utility and/or construction activities including,
but not limited to,excavation(including emergency repair of underground utility lines),
which are likely to disturb petroleum-contaminated soil located at 5 to 12 feet below surface
grade,provided that such activities are conducted in accordance with Obligations/Conditions
(i)and(ii)in Section 3 of this Activity and Use Limitation Opinion("Opinion"),the soil
management procedures of the MCP cited at 310 CMR 40.0030,and all applicable worker
health and safety practices pursuant to 310 CMR 40.0018;
(iii)Activities and uses which are not identified in this Opinion as being inconsistent with
maintaining a condition of No Significant Risk;and
(iv)Such other activities and uses which, in the Opinion of an LSP,shall present no greater risk
of harm to health,safety,public welfare,or the environment than the activities and uses set
forth in this Paragraph.
2. Activities and Uses Inconsistent with the AUL Opinion. The following activities and uses, if
'
implemented within the AUL Area, may result in a Significant Risk of harm to health, safety, public
welfare or the environment:
(i)Use of the portion of the property as a residence,school(with the exception of adult
education),daycare,nursery,recreational area(such as a park or athletic fields),and/or
any other use at which a child's presence on a regular basis is likely;
(ii)Any activity including,but not limited to,excavation,which is likely to disturb petroleum contaminated
soil located at 5 to 12 feet below surface grade associated with underground
utility and/or construction work,without prior development and implementation of a Soil
Management Plan and a Health and Safety Plan in accordance with Obligations(I)and(ii)of
Section 3 of the AUL;
(iii)Any activity which is likely to disturb petroleum-contaminated soil located at 5 to 12 feet below
surface grade for a period of time greater than three months,unless such activity is first
evaluated by an LSP who renders an Opinion stating that such activity is consistent with
maintaining a condition of No Significant Risk and that such activity is conducted in accordance with
Obligations(i)and(ii)of Section 3 of this AUL;and
(iv)Relocation of petroleum-contaminated soil located at 5 to 12 feet below surface grade,unless such
relocation is first evaluated by an LSP who renders an Opinion stating that such relocation is consistent
with maintaining a condition of No Significant Risk.
3. Obligations and Conditions. The following obligations and/or conditions must be maintained within
the AUL Area in order to maintain a condition of No Significant Risk:]
(i)A Soil Management Plan must be prepared by a Licensed Site Professional(LSP)prior to the
commencement of any activity which is likely to disturb petroleum-contaminated soil located
7/26/00
at 5 to 12 feet below surface grade.The Soil Management Plan should describe appropriate
soil management,characterization,storage,transport and disposal procedures in accordance
with the provisions of the MCP cited at 310 CMR 40.0030 et seq.Workers who may come in
contact with the petroleum-contaminated soil should be appropriately trained on the
requirements of the Plan,and the Plan must remain available on-site throughout the course of
the project; t
(ii)A Health and Safety Plan must be prepared and implemented prior to the commencement of
any activity which may result in the disturbance of petroleum-contaminated soil located at 5 to
12 feet below surface grade.The Health and Safety Plan should be prepared by a Certified
Industrial Hygienist or other qualified individual appropriately trained in worker health and
safety procedures and requirements.The Plan should specify the type personal protection,
engineering controls,and environmental monitoring necessary to prevent worker and other
potential receptor exposures to petroleum-contaminated soil through ingestion,dermal
contact,and inhalation.Workers who may come in contact with the petroleum-contaminated
soil should be appropriately trained on the requirements of the Plan,and the Plan must
remain available on-site throughout the course of the project;and
(iii)The petroleum-contaminated soil located at 5 to 12 feet below surface grade must remain at
depth and may not be relocated,unless such activity is first evaluated by an LSP who renders
an Opinion which states that such activity poses no greater risk of harm to health,safety,
public welfare,or the environment and ensures that a condition of No Significant Risk is
maintained.
4. Proposed Changes in Activities and Uses. Any proposed changes in activities and uses at the Portion of
the Property which may result in higher levels of exposure to oil and/or hazardous material than currently
exist shall be evaluated by a Licensed Site Professional who shall render an Opinion, in accordance with
310 CMR 40.1080 et seq., as to whether the proposed changes will present a significant risk of harm to
health, safety,public welfare or the environment. Any and all requirements set forth in the Opinion to meet
the objective of this Notice shall be satisfied before any such activity or use is commenced.
5. Violation of a Response Action Outcome. The activities, uses and/or exposures upon which this Notice
is based shall not change at any time to cause a significant risk of harm to health, safety,public welfare,or
the environment or to create substantial hazards due to exposure to oil and/or hazardous material without
the prior evaluation by a Licensed Site Professional in accordance with 310 CMR 40.1080 et seq., and
without additional response actions, if necessary, to achieve or maintain a condition of No Significant Risk
or to eliminate substantial hazards.
If the activities,uses, and/or exposures upon which this Notice is based change without the prior evaluation
and additional response actions determined to be necessary by a Licensed Site Professional in accordance
with 310 CMR 40.1080,et seq.,the owner or operator of the portion of the Property subject to this Notice at
the time that the activities, uses and/or exposures change, shall comply with the requirements set forth in
310 CMR 40.0020.
6. Incorporation Into Deeds, Mortgages, Leases, and Instruments of Transfer. This Notice shall be
incorporated either in full or by reference into all deeds, easements, mortgages, leases,licenses, occupancy
agreements or any other instrument of transfer, whereby an interest in and/or a right to use the Property or a
portion thereof is conveyed.
7/26/00
Except as expressly amended herein, the Original AUL is hereby rarified and confirmed. Owner authorizes and
consents to the recordation and/or registration of this Amendment, which shall be deemed to be effective as of the
date the Original AUL was recorded and/or registered.
WITNESS the execution hereof under seal this -3`O day of May,2002.
William F.Bannister,Trustee
COMMONWEALTH OF MASSACHUSETTS
Essex,ss ,2002
Then personally appeared the above-named William F. Bannister and acknowledged the foregoing
instrument to be his free act and deed before me,
i
v
Notary Public:
My Commission Expires:
The undersigned Waste Site Cleanup Professional certifies that, in his opinion, the terms of the Original
AUL, as amended herein, are consistent with the AUL Opinion attached hereto as Exhibit and are appropriate to
maintain a condition of No Significant Risk at the Disposal Site.
l�
D6b�; � '•
-���, Ralph J.Trella,
® USP SEA
i; >�Lr
_4
ELLA
7473 COMMONWEALTH OF MASSACHj/USSE,TTS`]
�Gk' y ,2002
Essex, DutTc 4�� ��'
Then personally appeared the above-named Ralph J. Tella and ac wledge the foregoing
instrument to be his free act and deed before me, M
l
Nota ublic:
My Commission Expires: `� 4
s �
Upon recording,return to:
William F.Bannister,-Trustee
400 Osgood Nominee Trust
300 Winter Street
North Andover,MA.01845
7/26/00
EXHIBIT A
Metes and Bounds Description
Beginning at a Massachusetts Highway Bound on the northeasterly side of Osgood Street, said bound
being approximately one-hundred-ninety-one(19 1) feet northerly of the centerline of Harkaway
Street; thence S 82°-57'49"W a distance of 83.32' to the point of beginning;
thence turning and running along Osgood Street S 36°54'00"W a distance of 319.65' to a point;
thence turning and running along Osgood Street S 43°21'30"W a distance of 58.82' to a point at the
northeasterly corner of land now or formerly belonging to the Town of North Andover;
thence turning and running along land now or formerly belonging to the Town of North Andover
N 23°57'30"W a distance of 1060.82' to a point;
thence turning and running along land now or formerly belonging to the Town of North Andover
N 73°41'37"E a distance of 184.65' to a point;
thence turning and running along land now or formerly belonging to the Town of North Andover
S 33'54'18' E a distance of 870.98' to the point of beginning.
a. as /'y23J'3 15574
Man d�3..Qi7B'JZI13 C�9
B•o�lw•.•.-y.>s Mvt..rlwmm wwQwNwy",(O,.�69ut AM e.w
eNw aA.owwkiw ofH.a..wpN..: �i wu uEv.la.sb• •w
B IT-1T49•
's'.,a..IT U IYr F.i.f.{9yl..iy; O-
Ywww.iW W.Mv.iq.IwY O.I9W Su4w9J4.54tl0'W..INu f319.6Tb.poi°. ANppVER A/.V INV.B'IVC M 91.09' ~u
NNRiN1Wm.i.'/.19^tfkpmd R9aat4371.30•W.'IJMrvaffILYT.o.p.w NJ. NORTH /p/h
.wOM..lNy ramer.fl.m rows f..... bnlmtn4e T.w aFNwe A.,Jura; "TO MGH SG 100- Oto f)'/a IfMIEE 900
INac N..i.1.m.Mdo/Nv9/Mm wu/wmay eaw„9+tm 9MTo.no17Nn Amos w:
N 23•57S0'W.4iWr.d l0fA.17 -1!-
9N.aNW49iy.MSN.Mio1M9NIMmrow,Nr yeHwool.mo 7am.ENMW A.Juw L OprAV[J=-r�v� /°' I -"♦
N 73'4ID9•D.Ji.I..Vvuf UNAS'M.p.i-4 ...--I irtvd
Im..M19iro.mP.IMP1 '91.mrow..ra9nyEe.Pp1,MN1W roWn otn.Iw Amwa �o•/f yilY�'�-" ` -u ova cf PONo
s]rs4.11•a.ai.uoo..rlTo.9e•MmpMPIa9.y.oloa - - Y4•
_ -109'euFFol FROM WEnMO ..- �=\`♦\ � �s
, +Ire' \♦
\ �trC LOCUS PLAN
II 9.
LOT
TOA VEP '/ •.IOr ice♦♦`
M NORTH ANDD r r /i l 87098' I I]7sA ' '1\,1
WN K 1170 PACE 3J7' Jl--..-_. �•�.�-N.''JIr..✓ ,
.. J!'�"TRLL 5ppY4AlW 1 \ 1 p �V. -NUE N.D.R.U.000 � L9.L � VALvf4 1 '. 1 151 `19l,IA' \��♦'♦
i ' l'-19 4 1 l•:- L`.' ROAD
S JJ / �•',IY•'"- f _'� �� WATT ♦ .1'
•' / U A EVV/ 1'j \ ♦' AAi.O CUYSISA
��1 / / NO S Y NETAI BGIIDING Lb 1, ti.n]' �` \1111`-IINNIM ♦� �-� ✓•Tal OASN
r ON, TDR ER. E 11 _
rJla a AEn,rro-/ A --
/ .........._......... IJr.K1 �....F:' iMAA �F ♦ WL; NIM EUV.79..3'
(-%IST '� G M•RM•••• X + M. � INV.1 M9W IN 97.97
AG MIT WA N 12TH:• 1•- : lyv.13'NLF wr v9 vY
35'No aswR9AHa ZONE
1 ! sa N9 CONSITK1cIpN zoN[���_•�., \ / '�'o `` ♦
/ r\ \ \. ._.> _ --.,mom oPPMI�IT..' •d "�52.x. --. l •� wN CLE 99.u.
/!' �.. \. •,� �_ -_� ._ _�.:.�-r+--� _v/__.. I �.. wv.IY MOPP 0.79623'
_-=-.��-.i- -..,s.•:.r-__ =Y'L.'t.�,,,A^.. \i'/
INT OF WRK 1[R �f'�
n -�'••-•�NiCliflHC 1 •-.,��.. roRua lS- or t)1
aur IN,Rcv w 9a9T P
BMYS.�..` � \
MAP 94 LOT 1 3^L+1-. .Wp �` r - R.Uu(ZN
R n 1 _- Roi ., ' �-scE OF 9cILAH9 �r��w g, �'N .5(FwRO 1991.
OO 254,575 S.F. HI rt F rj, NOT FwNC 1998)
nG _ - 5.844 ADZES '� 1pr. „ Ip� r r M'NO aSNR6ANCL EONC ./.a qry� 'j,
No C I;TNUCRON zoNF
I
_- BROOK
.�--ram --
YA� r N.
.5 H 21'5734'W 1060.82'
G
It MAP 94 LOT 2 y'
TDWT OF NORTH ANDOVER
x g E.N.O.R.D.BOOK 1116 PACE 264 '•�P,DK
rc
ti
�?U �,
N
F 4
51. p
nog WAYNE STREET �io1
LP.'F..1 SN0Fw
10LI.0 � '. £
EFCRE110E PLAITS: NOTES: GRAPHIC SCALE
- -"
.'PLA.N CF LAND IN-NORTH ANDOVER.MASS.-FORMERLY CVMED BY-
J.P.ESTE YENS COMPANY,INC.',SCALE:I'-.0•,DATED JUNE IS68,BY 1.THE CURRENT OWNER OF RECORD OF LOT 94-1 IS 400 OSGOOD STREET 7 + r ~ .. • .~J`
BRA SUI
ASSOCIATES. NOMINEE TRUST IN CME OF WILIAM F.BANNISTER,At.TRUSTEE, THE
DIEDREFERENCE TO ME LOT IS VOL.5131,PG.214,DATED JULY 30, I M.r671 ASBUILT PLAN OF'�LAND
.-PLAN OF ROAD-OI THE TOM OF-NORTH ANDOVER-ESSEX COUNTY- 1998 IN ME N.E.C.R.O. I ••w O _
LAID OUT AS A STATE HIGHWAY BY ME- vASSACNUSETTS WGIMAV - IN
COMMISSION'SCALE:1'-40,DATED JULY S.1911. 2. THE TOTAL AREA OF LOT 94-1 13 254.575 50,FT.OR 5.844 ACRES. NORTH ANDOVER, MASSACHUSETTS
3. ZONING FOR ME LOT IS RESIOENCE-4.BUILDING SETBACKS ARE PBS•PARCD POR
.'FORPROPERTY LINE PLAN-LAND E -NORTH ANDOVER,MASS.-AS SURVEYED FRONT.30• SIDE-15,AND REAR-30'. '!AAYAYIr rW:nn}NAS IILF P.4dt'NTC 400 OSGOOD STRF,ET NOMINEE TRUST
DAT- TOiv11 19 NORTH ANDOVER-SCHOOL DEP.D.PLA SCALE:I'=100', l�/Ad di0rm Av tNFf PT.4N AP,C FI/d L:NFS
DATE JULY 1970,B7 NOK''>E AND RMTW,N.E.R.D.PLAN`/#6279.4.-PLAN AnatMJ Lz=S 9'9Ad%rdAl ANL'3'.... AILLFAM Pe lIbMNISTCR,JR., TROSfdd
OF IAND-LOCATED IN-NO.ANDOVER,MASS.%SCALE:I'-40',DATED 4. ME COCHICHEMOK BROCO WAS NOT LOCATED IN THE FIELD. THE FJNFd 49 TLT d!RCl9$,L1m 9f11.410P' -'�AYI-/y�J
SEPTEMBER, 1969,BY CHARLES E.CTR,C.E.L.C.PLAN 938426A. LOCATION WAS DIGITIZED FROM THE ASSESSOR'S TAX MAP. 172020 OT/u LI JL•<iR MMIrwTR tl'OLSATB lV _ - -
Rnrs AursAnr.c'rnd.rmrc AAc.ou•NO
S.THE LOCATION OF ME UNDERGROUND ON-SITE SEWER LINE AND 1MvrTY CJ'/L:ICNOTCQ.9T„VG O",kN ,� g17KcT- ..✓({Nwn+ pp KF,LAND SE/RV6Y ONPA.NY
.'PLAN OF LAND W-N[BM HOOVER,MASSACHUSETTS- PREPARED fOR- iUYdO!/VANt:YTIAY.i ABttMGGN• / ,fi
400 WATER LWE LOCATKRdS MERE TABEII FROM ME 9TE PLM. (� ,� PO BOX 205, SALEM, NK'03079
199.BY THIS
SHEET-NOMINEE 7RUS N,SCARE;1'.40',Uw7E0 AUGUST 27, PO BOX 49 F. .VEWBURYPORT.'kA 0/950
199N,6Y THIS OFFICE. 6. ME EDGE OF MET SHOWN TO ME SOU1H,WEST AND NORM OF THE 9 i1�3v%T"IC-
BUILDING WERE TAKEN FROM REFERENCE PLAN/6.
.'YON-RESIDEN RAL SITE PLAN PREPARED FOR: 400 OSGOOD SIA-ET-LOT -
94-1-NORTH ANDOVER.VASSACHUSErrs%SL'ALE:1'-20',DATED SEPT. 7.SEE ALSO FINAL ORDER O-CONDITIONS DATED 12/3/90. ^ SCA!.R C} -^".: DATE '' DRAIF/NC N0;
1998,LAST REVISED 11/11/98,B7 KEACH-NORDSTROM ASSOCIATES,INC. DEP FILE 9242-940. "'-
_ I`a4.0' .WARCH 22, 2002 ,V-1261-L
EXISTING CONDITIONS -PLAN OF LAND LOCATED AT- 400 OSGOOD STREET I CERTIFY THAT I HATE CONFORMED A." L 7 '7�+�+•+
NOR-H ANDOVER,NA-PROPOSED FUTURE LOCATION CF-NORTH WITH THE RU0:5 h REGULATIONS a �' F REVISIONS ` _ !OB/ 1998-11
THE REGISTERS OF DEEDS IN . FB IS/SI
ANDOVER T01;M CCNTER',SCALE:1'.40',DATE)SEPTEMBER 1,1995. PREPARING TH'S PLAN. %7
a
A-Oi� r of LPIA10 S'ule eCT M/tut_ IS 1-) --0 g Y AecAmrY e0v/vdariey
EXHIBIT C
REVISED ACTIVITY AND USE LIMITATION OPINION
In accordance with the requirements of 310 CMR 40.1074, this Activity and Use Limitation
" Opinion has been prepared for a parcel of land owned by the 400 Osgood Nominee Trust located
at 400 Osgood Street,North Andover, Massachusetts, 01845. As of the date of this Activity and
Use Limitation Opinion, the property is zoned for residential use,but has a variance for limited
commercial and industrial use. The property is approximately 5.8 acres in size and currently
developed with a two-story, 30,000- square foot building currently used for storage and an adult
strength and conditioning facility.
Site History
The existing building on the Site was originally known as "Machinery Hall". The Museum of
American Textile History built it for storage and research on historic textile equipment.
A portion of the Site was reportedly once used as a solid waste landfill for nearby textile mills.
In 1997, Cygnus Group, Inc. completed a Phase I: Initial Site Investigation and Response Action
Outcome Report on behalf of the Museum. The purpose of this report was to document
investigations that determined the nature and extent of reported subsurface contamination related
to a historic release of oil and/or hazardous materials at the Site. The release was identified
based on laboratory analytical results for total petroleum hydrocarbon(TPH)by EPA Method
8100M in a soil sample exceeding the Massachusetts Department of Environmental Protection
(DEP) RCS-1 reportable concentration of 500 mg/Kg. Pursuant to the requirements of the
Massachusetts Contingency Plan(the"MCP," 310 CMR 40.0000), the release was reported to
the DEP on September 3, 1996. The DEP listed the Site as number 3-14192.
[Note: The "MCP" is the Commonwealth of Massachuestts'code of regulations
for the notification, assessment, and cleanup of disposal sites where a release of
oil and/or hazardous materials has occurred.]
As a result of Phase 11 subsurface investigations, it was determined that elevated levels of
petroleum hydrocarbons above MCP Method 1 cleanup standards were present in association
with fill material that was deposited throughout the northwestern portion of the property. The
majority of the TPH was found at a depth between 5 and 12 feet below surface grade. Only low
levels of TPH were found in the southeastern boundary. Existing surface grade elevations, a
drainage ditch, and a wetland area help define outer bounds of the contaminated fill material in
other directions (see Site Plan in Exhibit B). All site contaminants detected in groundwater were
below the potentially applicable MCP Method 1 cleanup standards. ti
[Note: The "MCP Method 1, Cleanup Standards"refer to numerical standards
for chemical contaminants in soil and groundwater, which are published in the
MCP.]
Reason for the Activit} and Use Limitation
A Method 3 Risk Characterization was conducted to evaluate the risk posed by contamination
remaining in soil and groundwater within the Site boundary. This Method uses site-specific
information to derive a quantitative estimate of risk of harm to human health, safety,public
welfare and the enviromnent for all current and foreseeable future activities and uses.
As a result of the Risk Characterization, it was determined that the Site poses "No Significant
Risk"to human health, safety,public welfare or the environment for current conditions of
commercial and/or industrial use. However, because the Risk Characterization assumed limited
access of Site soil by infrequent visitors, trespassers, and construction/utility workers, an Activity
and Use Limitation(AUL) is required to restrict certain future activities.and uses that could
potentially result in a greater exposure to the affected soils.
Permitted Activities and Uses
The AUL Opinion provides that a condition of No Significant Risk to health, safety, public
welfare or the environment exists for any foreseeable period of time(pursuant to 310 CMR
40.0000) so long as any of the following activities and uses occur on the Portion of the Property:
(i) Commercial and/or industrial uses and activities associated therewith, including, but not
limited to,pedestrian and/or vehicular traffic, landscaping, and routine maintenance of
landscaped areas, which do not cause and/or result in the disturbance and/or the re-location of
petroleum-contaminated soil located at 5 to 12 feet below surface grade;
(ii) Short-term (one month or less) underground utility and/or construction activities including,
but not limited to, excavation(including emergency repair of underground utility lines),
which are likely to disturb petroleum-contaminated soil located at 5 to 12 feet below surface
grade, provided that such activities are conducted in accordance with Obligations/Conditions
(i) and (ii) in Section 3 of this Activity and Use Limitation Opinion ("Opinion"), the soil
management procedures of the MCP cited at 310 CMR 40.003 0, and all applicable worker
health and safety practices pursuant to 310 CMR 40.0018;
(iii) Activities and uses which are not identified in this Opinion as being inconsistent with
maintaining a condition of No Significant Risk; and
(iv) Such other activities and uses which, in the Opinion of an LSP, shall present no greater risk
of harm to health, safety, public welfare, or the environment than the activities and uses set
forth in this Paragraph.
Activities and Uses Inconsistent with AUL Opinion
Activities and uses which are inconsistent with the objectives of this Notice, and which, if
implemented at the Portion of the Property, may result in a significant risk of hann to health,
safety, public welfare or the environment or in a substantial hazard, are as follows:
(i)Use of the portion of the property as a residence, school(with the exception of adult
education), daycare, nursery, recreational area(such as a park or athletic fields), and/or
any other use at which a child's presence on a regular basis is likely;
(ii) Any activity including, but not limited to, excavation, which is likely to disturb petroleum
contaminated soil located at 5 to 12 feet below surface grade associated with underground
utility and/or construction work, without prior development and implementation of a Soil
Management Plan and a.Health and Safety Plan in accordance with Obligations(I) and(ii) of
Section 3 of the AUL;
(iii) Any activity which is likely to disturb petroleum-contaminated soil located at 5 to 12 feet
below surface grade for a period of time greater than three months, unless such activity is first
evaluated by an LSP who renders an Opinion stating that such activity is consistent with
maintaining a condition of No Significant Risk and that such activity is conducted in accordance
with Obligations (i) and (ii) of Section 3 of this AUL; and
(iv) Relocation of petroleum-contaminated soil located at 5 to 12 feet below surface grade, unless
such relocation is first evaluated by an LSP who renders an Opinion stating that such relocation
is consistent with maintaining a condition of No Significant Risk.
Obligations and Conditions
If applicable, obligations and/or conditions to be undertaken and/or maintained at the Portion of
the Property to maintain a condition of No Significant Risk as set forth in the AUL Opinion shall
include the following:
(i) A Soil Management Plan must be prepared by a Licensed Site Professional (LSP) prior to the
commencement of any activity which is likely to disturb petroleum-contaminated soil located
at 5 to 12 feet below surface grade. The Soil Management Plan should describe appropriate
soil management, characterization, storage, transport and disposal procedures in accordance
with the provisions of the MCP cited at 310 CMR 40.0030 et seq. Workers who may come in
contact with the petroleum-contaminated soil should be appropriately trained on the
requirements of the Plan, and the Plan must remain available on-site throughout the course of
the project;
(ii) A Health and Safety Plan must be prepared and implemented prior to the commencement of
any activity which may result in the disturbance of petroleum-contaminated soil located at 5 to
12 feet below surface grade. The Health and Safety Plan should be prepared by a Certified
Industrial Hygienist or other qualified individual appropriately trained in worker health and
safety procedures and requirements. The Plan should specify the type personal protection,
engineering controls, and environmental monitoring necessary to prevent worker and other
potential receptor exposures to petroleum-contaminated soil through ingestion, dermal
contact, and inhalation. Workers who may come in contact with the petroleum-contaminated
soil should be appropriately trained on the requirements of the Plan , and the Plan must
remain available on-site throughout the course of the project; and
(iii) The petroleum-contaminated soil located at 5 to 12 feet below surface grade must remain at
depth and may not be relocated, unless such activity is first evaluated by an LSP who renders
an Opinion which states that such activity poses no greater risk of harm to health, safety,
public welfare,or the environment and ensures that a condition of No Significant Risk is
maintained.
LSP:
Ralph J. Tella,Licensed Site Professional
DATE:
CYGNUS
January 23, 1997
4�
Sandy Starr IGROUP
INCORPORATED
Director of Public Health k2 g 1r:7
North Andover Town Hall _
120 Main Street
North Andover, MA 01845 ��-
RE: MCP Notifications
400 Osgood Street
North Andover, MA 04192
MADEP Release Tracking No. 3-14192
Dear Ms. Starr:
In accordance with the Massachusetts Contingency Plan (MCP, 310 CMR
40.0000), Cygnus Group Inc., has prepared a "Response Action Outcome
(RAO) Statement" for the above-referenced site. To achieve a Class A-2
RAO, an Activity and Use Limitation (AUL) has been recorded for the site in
Instrument #21774, Book 4828, Page 135, North Middlesex County Registry
of Deeds. As required by the MCP, please find enclosed a copy of the
recorded AUL. The RAO Statement is available for review at the IIEN IN JE E
Massachusetts Department of Environmental Protection, Northeast Regional
Office, 10 Commerce Way, Woburn, Massachusetts, 01801.
23o Pond Street
Sincerely, Natick,MA or76o
TEL Sob 650.o3zz
FAX SO[Q 6.4024
Ralph J. Tella, CHMM, LSP James B. Connolly
Director of Assessment and Remediation Project Manager
RJT:ebw
Enclosure: copy of recorded AUL
cc: MADEP, Bureau of Waste Site Cleanup
\\DONNA\CYGNUSCOMMON\SHARED\ProjectsWATH North Andover-400 Osgood Street\Letters\public notice letters.doc
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
' Form 1075
NOTICE OF ACTIVITY AND USE LIMITATION
M.G.L.c.21E,§6 and 310 CMR 40.0000
Disposal Site Name: American Textile History Museum Warehouse
DEP Release Tracking No.(s): 3-14192
This Notice of Activity and Use Limitation("Notice")is made as of this 25'day of August, 1997,by the
American Textile History Museum, Inc. (Formerly the Museum of American Textile History), 491 Dutton Street,
Lowell,MA 01854,together with his/her/its/their successors and assigns(collectively"Owner").
WITNESSETH :
WHEREAS,the American Textile History Museum, Inc.of Lowell,Middlesex County, Massachuaitl&is':
the owner in fee simple of that certain parcel of land located in North Andover,Essex County, Massachusetts, I the'
buildings and improvements thereon("Property");
y
WHEREAS,said parcel of land,which is more particularly bounded and described in Exhibit A,attached
hereto and made a part hereof("Property") is subject to this Notice of Activity and Use Limitation. The Property is
bounded and described on a deed recorded and/or registered in Essex County North Registry of Deeds in Book 1146, Q X
Page 72; gyp,
=r
WHEREAS, the Portion of the Property comprises part of a disposal site as the result of a release of oil q =�
and/or hazardous material.Exhibit B is a sketch plan showing the relationship of the Portion of the Property subject to
this Notice of Activity and Use Limitation to the boundaries of said disposal site(to the extent such boundaries have
been established). Exhibit B is attached hereto and made a part hereof.;and
WHEREAS, one or more response actions have been selected for Portion of the Disposal Site in
accordance with M.G.L.c.21E("Chapter 21E")and the Massachusetts Contingency Plan,310 CMR 40.0000("MCP").
Said response actions are based upon (a) the restriction of human access to and contact with oil and/or hazardous
material in soil and/or groundwater and/or (b) the restriction of certain activities occurring in, on, through, over or
under the Portion of the Property. The basis for such restrictions is set forth in an Activity and Use Limitation Opinion
("AUL Opinion"),dated August 25, 1997,(which is attached hereto as Exhibit C and made a part hereof);
NOW, THEREFORE, notice is hereby given that the activity and use limitations set forth in said AUL
Opinion are as follows:
1. Permitted Activities and Uses Set Forth in the AUL Opinion. The AUL Opinion provides that a
condition of No Significant Risk to health, safety, public welfare or the environment exists for any
foreseeable period of time(pursuant to 310 CMR 40.0000) so long as any of the following activities and
uses occur on the Portion of the Property:
(i) any commercial or industrial activities and uses;and
(ii) such other activities or uses which,in the opinion of a Licensed Site Professional(LSP),shall present
no greater risk of harm to health,safety,public welfare or the environment than the activities and uses
set forth in this paragraph.
7/28/95 310 CMR- 1704
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
a ''. art ff.'s 1=a air .QI
Form 1075:continued
2. Activities and Uses Inconsistent with the AUL Opinion. Activities and uses which are inconsistent
with the objectives of this Notice of Activity and Use Limitation,and which, if implemented at the Portion
of the Property,may result in a significant risk of harm to health,safety,public welfare or the environment
or in a substantial hazard,are as follows:
(i) redevelopment of the property for residential or agrarian purposes;
(ii) exposing, excavating and/or removing soil from the area shown on the attached Exhibit B, unless
performed in accordance with a health and safety plan,and an LSP supervises the management of said
oil-bearing soil;and,
(iii) installing a well for drinking water purposes, unless the well water is tested periodically for fuel-oil
components and such components are not present. Installation of such a well is unlikely since the Site
is presently served by the Town water system.
3. Obligations and Conditions Set Forth in the AUL Opinion. Obligations and/or conditions to be
undertaken and/or maintained at the Portion of the Property to maintain a condition of No Significant Risk
as set forth in the AUL Opinion shall include the following:
(i) retain existing surface grade elevation of the Site;and,
(ii) in the event that excavation is deemed necessary in the area shown on the attached Exhibit B,as in the
case of utility construction work,excavation shall be conducted in accordance with the standards for
Utility-Related Abatement Measures (URAMs) set forth by the Massachusetts Contingency Plan at
310 CMR 40.0060, the Soil Management procedures pursuant to 310 CMR 40.0030, and/or all
applicable worker health and safety practices pursuant to 310 CMR 40.0018.
4. Proposed Changes in Activities and Uses. Any proposed changes in activities and uses at the Portion
of the Property which may result in higher levels of exposure to oil and/or hazardous material than
currently exist shall be evaluated by an LSP who shall render an Opinion, in accordance with 310 CMR
40.1080 et seq.,as to whether the proposed changes will present a significant risk of harm to health,safety,
public welfare or the environment. Any and all requirements set forth in the Opinion to meet the objective
of this Notice shall be satisfied before any such activity or use is commenced.
5. Violation of a Response Action Outcome. The activities, uses and/or exposures upon which this
Notice is based shall not change at any time to cause a significant risk of harm to health, safety, public
welfare, or the environment or to create substantial hazards due to exposure to oil and/or hazardous
material without the prior evaluation by an LSP in accordance with 310 CMR 40.1080 et seq.,and without
additional response actions, if necessary, to achieve or maintain a condition of No Significant Risk or to
eliminate substantial hazards.
If the activities, uses, and/or exposures upon which this Notice is based change without the prior
evaluation and additional response actions determined to be necessary by an LSP in accordance with 310
CMR 40.1080 et seq.,the owner or operator of the Portion of the Property subject to this Notice at the time
that the activities,uses and/or exposures change,shall comply with the requirements set forth in 310 CMR
40.0020.
6. Incorporation Into Deeds, Mort2aees. Leases, and Instruments of Transfer. This Notice shall be
incorporated either in full or by reference into all deeds,easements,mortgages, leases, licenses,occupancy
agreements or any other instrument of transfer,whereby an interest in and/or a right to use the Property or
a portion thereof is conveyed.
Owner hereby authorizes and consents to the filing and recordation and/or registration of this Notice,
said Notice to become effective when executed under seal by the undersigned LSP, and recorded and/or
registered with the appropriate Registry(ies)of Deeds and/or Land Registration Office(s).
7/28/95 310 CMR- 1705
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Form 1075:continued
WITNESS the execution hereof under seal this -7.day of/AvvU5�T9
Chair,Building ommittee
American Textile History Museum,Inc.
Owner
COMMONWEALTH OF MASSACHUSETTS
P—Ij� ss , 19RI
Then personally appeared the above named Bruce F. Paul and acknowledged the foregoing to be his/her
free act and deed,and the free act and deed of said corporation,before me,
Notary Public:
My Commission Expires:
The undersigned LSP hereby certifies that he/she executed the aforesaid Activity and Use Limitation
Opinion attached hereto as Exhibit C and made a part hereof and that in his/her Opinion this Notice of Activity and Use
Limitation is consistent with the terms set forth in said Activity and Use Limitation Opinion.
Date: �tjlo Awad
LSP Or S
'r RALF€i c..�
[LSP SEAL
�`ti Sl2. h.t�
COMMONWEALTH OF MASSACHUSETTSk4ZA4—X-,
ssAut-cp6 199
Then personally appeared the above named Ralph J. Tella and acknowledged the foregoing to be his/her
free act and deed before me,
Notary Public:
My Commission Expires:
Upon recording,return to:
1
Bruce F. Paul
Chair-Building Committee
American Textile History Museum
491 Dutton Street,
Lowell,MA 01854
7/28/95 310 CMR- 1706
B".. 4828 P G I
EXHIBIT A
The land in North Andover being designated as Parcel I, Lot A on
Plate 94 of the Assessors' Plans for the Town of North Andover and
bounded and described as follows:
NORTHERLY by land of the Boston and Maine Railroad Company;
NORTHEASTERLY by Osgood Street;
and EASTERLY
SOUTHERLY by land of the Town of North Andover; and,
WESTERLY by land of the Village Land Company
The premises contain 5.83 acres of land and are conveyed subject to
and with the benefit of easements and restrictions of record insofar as
the same are now in force and applicable.
i
i
I
Exhibit A.doc
NORTH ANDOVER HIGH SCHOOL ACCESS ROAD
AIL
WAREHOUSE
AL __ �It< �,4 SIL \
O
.illlt fjC,
/ 7�V Meter \
JllL yllt yllc �`�•�-'tea• I
ofe
Of
ep9e
Co f/ono * •------- \ N
ch�che ck 6,roo/' APP�oxirnofe edge of
AIL 3jIt/
NORTH A SOV ER PU _ _ _ \
N _ _ \
B L C -_ _,L
WORKS
r
CYGNUS
LEGEND
�f AUL BOUNDARY
off,
o FOR
6 August 25, 1997 7j
�•�.�' �.� APPROXIMATE EDGE OF WETLAND GROUP
' NOT SURVEYED BY QUALIFIED
INCORPORATED
WETLAND SPECIALIST
DRAWN 8Y: DWG FILE: DATE:
PROPERTY LINE
0 0 00 JBC 970710-MATH 8/25/97
Ca e m ee CLIENT NAME: Mus. of Amer. Textile Hist. FIGURE:
------- BOUNDARY DESCRIBED IN AUL ADDRESS: 400 Osgood Street
Exhibit B
TOWN, STATE: North Andover, MA
Massachusetts Department of Environmental Protection BWSC-114
Bureau of Waste Site Cleanup
Release Tracking Number
ACTIVITY & USE LIMITATION (AUL) OPINION FORM
Pursuant to 310 CMR 40.1070 -40.1084 (Subpart J) j3 j -i14192 ___J
COMPLETE THIS FORM AND ATTACH AS AN EXHIBIT TO THE AUL DOCUMENT TO BE RECORDED AND/OR REGISTERED
WITH THE REGISTRY OF DEEDS AND/OR LAND REGISTRATION OFFICE.
A. LOCATION OF DISPOSAL SITE AND PROPERTY SUBJECT TO AUL:
Disposal Site Name:
Street: 400 Osgood Street Location Aid: Harkaway Road
City/Town: North Andover ZIP Code: 01845
Address of property subject to AUL,if different than above. Street:
CitvlTown: ZIP Code:
B. THIS FORM IS BEING USED TO: (check one)
Provide the LSP Opinion for a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1074(complete all sections of this form).
Provide the LSP Opinion for an Amended Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1081(4)
(complete all sections of this form). •—
Provide the LSP Opinion for a Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1083(3)
(complete all sections of this form).
Provide the LSP Opinion for a Grant of Environmental Restriction,pursuant to 310 CMR 40.1071,(complete all sections of this form).
Provide the LSP Opinion for an Amendment of Environmental Restriction,pursuant to 310 CMR 40.1081(3)(complete all sections of this
form).
`J Provide the LSP Opinion for a Release of Environmental Restriction,pursuant to 310 CMR 40.1083(2)(complete all sections of this form).
C. LSP OPINION:
I attest under the pains and penalties of perjury that I have personally examined and am familiar with this submittal,including any and all documents
accompanying this submittal. In my professional opinion and judgment based upon application of(i)the standard of care in 309 CMR 4.02(1),(ii)the
applicable provisions of 309 CMR 4.02(2)and(3),and(iii)the provisions of 309 CMR 4.03(5),to the best of my knowledge,information and belief,
> if Section 8 indicates that a Notice of Activity and Use Limitation is being registered and/or recorded,the Activity and Use Limitation that is the
subject of this submittal(i)is oeing provided in accordance with the.Applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii)complies
with 310 CMR 40.1074(1)(b);
> if Section 8 indicates that an Amended Notice of Activity and Use Limitation is being registered andfor recorded,the Activity and Use Limitation
that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii)
complies with 310 CMR 40.1080(1)and 40.1081(1);
> if Section 8 indicates that a Termination of a Notice of Activity and Use Limitation is being registered and/or recorded,the Activity and Use
Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000
and(ii)complies with 310 CMR 40.1083(3)(a).
> if Section 8 indicates that a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Lira ':on that is the
subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c. 21 E and 310 CMR 40.000C (ii)complies
with 310 CMR 40.1071(1)(b).
> if Section 8 indicates that an Amendment to a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use
Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000
and(ii)complies with 310 CMR 40.1080(1)and 40.1081(1);
> if Section 8 indicates that a Release of Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation
that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c. 21 E and 310 CMR 40.0000 and
(ii)complies with 310 CMR 40.1083(3)(a).
I am aware that significant penalties may result,including,but not limited to,possible fines and imprisonment,if I submit information which I know to be
false,inaccurate or materially incomplete.
iEl Check here if the Response Action(s)on which this opinion is based,if any,are(were)subject to any order(s),permit(s)and/or approval(s)
issued by DEP or EPA If the box is checked,you MUST attach a statement identifying the applicable provisions thereof
SECTION C IS CONTINUED ON THE NEXT PAGE.
Revised 5/8/95 Do Not Alter This Form Page 1 of 2
Massachusetts Department of Environmental Protection BWSC-114
Bureau of Waste Site Cleanup
ACTIVITY & USE LIMITATION (AUL) OPINION FORM Release Tracking Number
Pursuant to 310 CMR 40.1070-40.1084(Subpart J) L3 14192
C. LSP OPINION: (continued) �eic��f I�tASr`Edd
LSP Name: Ralph J. Tella LSP a: 7473 Sta ?�PLpN
Telephone: (508)650"0321 Ext.: 4. P
FAX: (508)653-4024 ha 1413s�
lid, FG I SI
LSP Signature: �� �SFD SITE Ea
Date:
►rrr+�
YOU MUST COMPLETE ALL RELEVANT SECTIONS OF THIS
FORM OR DEP MAY FIND THE DOCUMENT TO BE INCOMPLETE.
Revised 5/8/95 Do Not Alter This Form Paget of 2
Town of North Andover E NORTFj
OFFICE OF 3?0 e•n4,O L
COMMUNITY DEVELOPMENT AND SERVICES A
t x
146 Main Street
North Andover,Massachusetts 01845 ,TfO-
SSACHUS�S
MEMORANDUM
TO: Michael Howard, Conservation Administrator
FROM: Sandra Starr, Heald +1
RE: Textile Museum
DATE: May 31, 1996
According to 310 CMR 15.000, Title V, all properties with septic systems must
have the septic system inspected by a licensed Septic System Inspector prior to the
transfer of title. Since, as I understand;the Textile Museum is currently served by a septic
system, it should be inspected before the town buys it. The Board of Health also has
regulations that require tie-in to sewer if it is available and I would recommend this to be
done, particularly if the septic system has failed.
Any questions, please do not hesitate to see me.
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
R TOWN!OF r10+4TH AsN'D0VFR/
13OAO'] OF fit C, r!,4 ..
COMMONWEALTH OF MASSACHUSETTS
S_,; 2 4 I:
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
METROPOLITAN BOSTON-NORTHEAST REGIONAL OFFICE
0 9E
WILLIAM F.WELD
Governor TRUDY CORE
ARGEO PAUL CELLUCCI Secretary
Lt. Governor DAVID B. STRUHS
8EPCommissioner
URGENT LEGAL MATTER: PROMPT ACTION NECESSARY
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Museum of American Ti
A
42 Labor in Vain Roa
Ipswich, MA 01938 U/ <
AR
Attention: Mr. Brucc 9
Dear Mr. Paul : 69 A
Information co- )
submitted to the D&
Department or DEP) ' 0
Museum of American
been a release of o � has
referenced property Hold
(310 CMR 40 . 0315)
actions .
Based on this t5>/S
believe that the s 0—
disposal site as c
Material Release pus 2,L� and
the Massachusetts )
The assessment ar.
M.G.L. C . 21E an(
The purpose of this-nv,� . gal
responsibilities under state law for as'ses ��y_ iating
the subject release. For purposes of this notice, the terim, and
phrases used herein shall have the meaning ascribed to them by
the MCP unless the text clearly indicates otherwise .
10 Commerce Way • Woburn,Massachusetts 01801 • FAX (617)932-7615 • Telephone (617)932-7600 • TDD#(617)932-7679
n
Zr Printed on Recycled Paper
Museum of American Textile History
Page 2
STATUTORY LIABILITIES
The Department has reason to believe that you (as used in
this letter, "you" refers to the Museum of American Textile
History) are a Potentially. Responsible Party (a PRP) with
liability under M.G.L. c. 21E, § 5, for response action costs .
Section 5 makes the following parties liable to the Commonwealth
of Massachusetts : current owners or operators of a site from or
at which there is or has been a release/threat of release of oil
or hazardous material; any person who owned. or operated a site at
the time hazardous material was stored or disposed of; any person
who arranged for the transport, disposal, storage or treatment of
hazardous material to or at a site; any person who transported
hazardous material to a transport, disposal, storage or treatment
site from which there is or has been a release/threat of release
of such material; and any person who otherwise caused or is
legally responsible for a release/threat of release of oil or
hazardous material at a site .
This liability is "strict" , meaning it is not based on
fault, but solely on your status as an owner, operator,
generator, transporter or disposer. It is also joint and
several, meaning that you may be liable for all response action
costs incurred at the site, regardless of the existence of any
other liable parties .
The MCP requires responsible parties to take necessary
response actions at properties where there is or has been a
release or threat of release of oil and/or hazardous material .
If you do not take the necessary response actions, or fail to
perform them in an appropriate and timely manner, the Department
is authorized by M.G.L. c . 21E to have the work performed by its
contractors . By taking such actions, you can avoid liability for
response action costs incurred by the Department and its
contractors in performing these actions, and any sanctions which
may be imposed for failure to perform response actions under the
MCP.
You may be liable for up to three (3) times all response
action costs incurred by the Department . Response action costs
include, without limitation, the cost of direct hours spent by
Department employees arranging for response actions or overseeing
Museum of American Textile History
Page 3
work performed .by persons other than the Department or their
contractors, expenses incurred by the Department in support of
those direct hours, and payments to the Department ' s contractors .
(For more detail on cost liability, see 310 CMR 40 . 1200 . )
The Department may also assess interest on costs incurred at
the rate of twelve percent (1201) , compounded annually. To secure
payment of this debt, the Commonwealth may place liens on all of
your property in the Commonwealth. To recover the debt, the
Commonwealth may foreclose on these liens or the Attorney General
may bring legal action against you.
In addition to your liability for up to three (3) times all
response action costs incurred by the Department, you may also be
liable to the Commonwealth for damages to natural resources
caused by the release. Civil and criminal liability may also be
imposed under M.G.L. c . 21E, § 11, and civil administrative
penalties may be imposed under M.G.L. c . 21A, § 16 for each
violation of M.G.L. c . 21E, the MCP, or any order, permit or
approval issued thereunder.
NECESSARY RESPONSE ACTIONS
The subject site shall not be deemed to have had all the
necessary and required response actions taken unless and until
all substantial hazards presented by the site have been
eliminated .and a level of No Significant Risk exists or has been
achieved in compliance with M.G.L. c . 21E and the MCP. In
addition, the MCP requires persons undertaking response actions
at disposal sites to perform Immediate Response Actions (IRAs) in
response to "sudden releases" , Imminent Hazards and Substantial
Release Migration-. Such persons must continue to evaluate the
need for IRAs and notify the Department immediately if such a
need exists .
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 action 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
Museum of American Textile History
Page 4
obtain a list of the names and addresses of these licensed
professionals from the Board of Registration of Hazardous Waste
Site Cleanup Professionals at (617) 556-1145 .
The Department has determined that . the following response
actions are necessary at the subject site :
Initial site investigation activities in accordance with 310
CMR 40 . 0405 are necessary. In addition, unless an RAO is
submitted earlier, a completed Tier Classification
Submittal pursuant to 310 CMR 40 . 0510, and, if appropriate,
a completed Tier I Permit Application pursuant to 310 CMR
40 . 0700, must be submitted to DEP within one year of the
initial date notice of a release is provided to the
Department pursuant to 310 CMR 40 . 0300 or from the date the
Department issues a Notice of Responsibility (NOR) ,
whichever occurs earlier.
i
It is important to note that you must dispose of any j
Remediation Waste generated at the subject location in accordance '
with 310 CMR 40 . 0030 includingwithut
soil and/or debris . Any Bill of g
accomLadina , contaminated
Lading panonying such waste
must bear the seal and signature of an LSP or, if the response
action is performed under the direct supervision of the
Department, the signature of an authorized representative of the
Department .
The Department encourages parties with liabilities under `
M.G.L. c . 21E to take prompt action in response to releases and
threats of release of oil and/or hazardous material . By taking
prompt action, you may significantly lower your assessment and
cleanup costs and avoid the imposition of, or reduce the amount
of, certain permit and annual compliance fees for response
actions payable under 310 CMR 4 . 00 .
Museum of American Textile History
Page 5
If you have any questions relative to this notice, you
should contact Lilla Dick at the letterhead address or (617) 932-
7600 . All future communications regarding this release must
reference the Release Tracking Number (RTN #3-14192) contained in
the subject block of this letter.
Very truly yours,
Kingsley Ndi
Chief, Notification Branch
KN/LD
CC : North Andover Board of Health
North Andover Fire Department
Cygnus Group, Inc .
230 Pond Street
Natick, MA 01760
Attn: Ronald K. Burns
DEP data base/file
a
'. COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Metropolitan Boston—Northeast Regional Office
JANE SWIFT
BOB DURAND
Governor c_ �UU[
\ 2 7lJU Secretary
c� 5 201ul LAUREN A.LISS
- — y � �+ Commissioner
American Textile.History Museum,.Inc. Re: North Andover—400 Osgood St.
491 Dutton St. RTN 3-14192
Lowell,MA 01854 Response Action Outcome
Attn: Bruce Paul Activity and Use Limitation
Interim Deadline
400 Osgood Nominee Trust-
380 Winter St.
North Andover,MA 01845
Attn: William Bannister, Trustee
RAO SCREENING REVIEW
AUL SUMMARY COMPLIANCE REVIEW
AUL FIELD INSPECTION AUDIT FINDING
Dear Mr. Paul and Mr. Bannister:
On September 2, 1997,the Department of Environmental Protection(the Department)received a
Class B-2 Response Action Outcome(RAO) Statement and Activity and Use Limitation(AUL)
for the above-referenced site. On August 5, 1998,the Legislature enacted the`Brownfields Act!
which called on the Department to conduct a targeted audit of all sites at which AULs have been
implemented in order to ensure that these actions are meeting the requirements of Massachusetts'
laws and regulations, including Massachusetts General Law chapter 21 E and the Massachusetts
Contingency Plan(MCP). The Department's audit of this site consisted of an RAO Screening
Review, an AUL Summary Compliance Review, and an AUL Field Inspection to observe the
condition of the area subject to the AUL.
RESPONSE ACTION OUTCOME (RAO) SCREENING REVIEW
A screening review of the RAO was performed using a standard Department checklist.
Examples of the Department's checklists are available on the Internet at
bft://www.state.ma.us/depA2wsc/aiidits.htm. The Department is not directing you to undertake
fiu-ther response actions at this time. Please note,however,that the review conducted by the
Department was not a comprehensive audit, and the Department reserves the right to conduct a
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
L� Printed on Recycled Paper
1
North Andover,RTN 3-14192 2
comprehensive audit of the RAO at any time in the future. It is possible that a future audit, if one
occurs, may identify deficiencies and/or violations of applicable laws and regulations, and may
require you to undertake fin ther response actions at the site.
AUL SUMMARY COMPLIANCE REVIEW
Chapter 206 of the Acts of 1998 (The Brownfields Act)requires that the Department conduct an
audit of all sites with AULs. In carrying out this mandate,the Department has established
special procedures for reviewing AULs recorded on or before October 29, 1999,including the
AUL submitted as part of the RAO for your site. Please note.that these procedures do not apply
to AULs recorded on or after October 30, 1999, and this Summary of AUL Compliance Review
should not be relied upon to predict audit results for such AULs.
Applying the procedures described above,the Department has identified errors in the AUL that
require correction. Specifically:
1. The AUL does not adequately define the boundaries of the restricted area. There is no
survey plan of the portion of the property, and no metes and bounds description of this
restricted area. The sketch plan attached to the AUL is inadequate to delineate the
boundaries of the restricted area. The survey plan must accurately indicate the length of
the boundaries and use compass directions in the form of degrees,minutes and seconds..
2. The AUL does not adequately define what uses and activities are permitted at the site,
what uses and activities are restricted, or what obligations and conditions must be
maintained at the site. The AUL includes an obligation to "retain existing surface grade
elevation of the Site"but does not give any indication,topographically,what the existing
surface grade may be. Without this information, it is impossible for future owners to
remain in compliance with the AUL and for the Department to confirm adherence to the
obligations of the AUL. A sketch plan indicating the surface grade elevations to be
maintained must be attached as anexhibit to the AUL.
To correct these errors, an Amendment and Ratification of Notice of Activity and Use Limitation
must be implemented within 180 days of the date of this Notice,using the enclosed form and
instructions. The sketch plan indicating the surface grade elevations to be maintained may be
attached to the Amendment and Ratification Form as Exhibit C. Please note that the AUL
Opinion must be prepared and attached to the Amendment and Ratification Form using Form
1145. In addition, a legal notice regarding the original AUL and the AUL Amendment must be
published in the local newspaper and a copy of the notice must be submitted to the Department.
Alternatively, you may submit a new RAO Statement within 180 days of the date of this Notice,.
documenting the achievement of a Class A-1,A-2, or B-1 RAO at the site (i.e. an RAO that does
not rely on an AUL to maintain a level of No Significant Risk). This is an enforceable interim
Deadline issued pursuant to M.G.L. c.21 E, 310 CMR 40.0167 and 310 CMR 40.1140. If you do
not meet this deadline you will be subject to enforcement action by the Department. Please note
that this deadline relates only to AUL corrections. Additional response actions required by this
Notice of Audit Findings may be subject to shorter or longer deadlines.
On July 31, 1998,American Textile History Museum,Inc. sold the 400 Osgood St. property to
400 Osgood Nominee Trust. It is the responsibility of both the former and current property
North Andover,RTN 3-14192 3
owners to correct the errors identified in the AUL. However,the current owner of the property
must sign the corrected AUL(Amendment and Ratification)..
The Department has prepared forms and detailed instructions for implementing the required
AUL corrections. Copies of the forms and instructions are attached, and are available on the
Department's AUL Audit Project web page,http://www.state.ma.us./depibwsc/files/audits/
aulfix.htm. This web page will be updated periodically to address any commonly asked
questions that arise as a result of AUL audits.
The Department is also offering several training workshops in the next few months. The
Department recommends that you(and/or the Licensed Site Professional (LSP)/attomey
preparing your AUL corrections) attend one of these workshops if you have questions on how to
proceed. The training schedule is also available on the Department's AUL Audit Project web
page. To obtain a schedule and/or register for the workshops,contact Thomas Potter, DEP's
Statewide Audit Coordinator at(617)292-5628.
AUL FIELD INSPECTION AUDIT FINDING
On November 12, 1999,the Department conducted an AUL Field Inspection at the location
identified above to observe conditions related to an area subject to a Notice of Activity and Use
Limitation. In particular,the AUL field inspection focused on activities and uses consistent with
the terms and conditions of the AUL and whether obligations and conditions required to maintain
a condition of No Significant Risk were being met.
The Department did not identify any violations of the requirements applicable to the AUL
maintenance at the site.. However,to confirm compliance with the terms of the AUL,please
submit to the Department(1) a detailed sketch plan indicating the surface grade elevations within
the AUL area as they existed at the time the AUL was recorded, (2)a detailed sketch plan
indicating the surface grade elevations within the AUL area as they existed on the date of the
AUL field inspection, and(3) a detailed sketch plan indicating the surface grade elevations
within the AUL area as they exist today. Also include any as-built construction plans and an
explanation of any changes in surface grade elevation from the date the AUL was recorded to
present. The plans and explanation must be received by the Department within 60 days of the
date of this Notice. This is an enforceable interim Deadline issued pursuant to M.G.L. c.21 E,
310 CMR 40.0167 and 310 CMR 40.1140. If you do not meet this deadline you will be subject
to enforcement action by the Department.
POST AUDIT COMPLETION STATEMENT REQUIRED
When the AUL Errors are corrected, you should submit to the Department(attention: BWSC
Audit Section) a Post-Audit Completion Statement in accordance with 310 CMR 40.1170,a
copy of which is attached.
LICENSED SITE PROFESSIONAL
A copy of this letter has been sent to Ralph Tella, LSP#7473,the LSP-of-Record for the
Disposal site.
North Andover,RTN 3-14192 4
LINIITATIONS & RESERVATION OF RIGHTS
Please note that the screening review conducted by the Department on the RAO was not a
comprehensive audit, and the Department reserves the right to conduct a comprehensive audit of
the RAO at any time in the future. It is possible that a future comprehensive audit, if one occurs,
may identify deficiencies and/or violations of applicable laws and regulations,may require you
to undertake further response actions at the site, and may invalidate the AUL. The screening
review is not a representation by the Department that the RAO complies with M.G.L. c. 21E, 310
CMR 40.0000,;or any other laws,regulations, or requirements.
The Department's findings were based upon the accuracy and certainty of the information
reviewed during the audit. These findings do not: (1)preclude future audits of past, current, or
future actions at the site; (2)apply to actions or other aspects of the site that were not reviewed in
the audit; (3)in any way constitute a release from any liability,obligation,action or penalty under
M.G.L. c.21E, 310 CMR 40.0000,or any other laws,regulations, or requirements. The
Department retains authority to take or arrange,or to require any Responsible Party or Potentially
Responsible Party to perform any response action authorized by M.G.L. c. 21E,which the
Department deems necessary`to protect health,safety,public welfare,or the environment.
Sincerely,
Patricia M. Donahue
"Chief,Audit Section
Bureau of Waste Site Cleanup
Filename: Nlhowes/P:/Letters/scnnof3-14192
Scnoafv6105_31_01]
Attachments:
Audit Follow-Up Plan Transmittal Form&Post-Audit Completion Statement(13WSC-111)
AUL Amendment and Ratification Form and Instructions
Activity&Use Limitation(AUL).Opinion Form (BWSC-114S)
cc: North Andover Board of Selectmen/Chief Municipal Officer
North Andover Board of Health/Health Department
North Andover Zoning Code Enforcement Official
North Andover Building Inspector
Ralph Tella, LSP-of-Record(LSP#7473) 67 Pleasant St.,Medfield,MA 02052
Thomas M.Potter,Audit Coordinator,DEP-Boston
NERO/Data Entry/RAO/TSAUD&AUDINS/NAFNVD
' COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Metropolitan Boston—Northeast Regional Office
JANE SWIFT 1-C,`w!OF i�081'H,,A"DC /
_ BOB DURAND
Governor ._ -
Secretary
G Y
rY'7� 2001 ���� LAUREN A.LISS
< ! � Commissioner
1 1
i .al
Ten-Sixty Osgood Street Realty Trust Re: North Andover— 1060 Osgood St.
1060 Osgood St. RTN 3-13530
North Andover,MA 01845 Response Action Outcome
Attn: Joseph Ippolito,Trustee Activity and Use Limitation
Interim Deadline
R&M Realty Trust
1060 Osgood St., Suite 3
North Andover,MA 01845
Attu: Michael Cikacz
RAO SCREENING REVIEW
AUL SUMMARY COMPLIANCE REVIEW
AUL FIELD INSPECTION AUDIT FINDING
Dear Mr. Ippolito and Mr. Cikacz:
On March 4, 1996,the Department of Environmental Protection(the Department)received a
Class B-2 Response Action Outcome (RAO) Statement and Activity and Use Limitation(AUL)
for the above-referenced site. On August 5, 1998,the Legislature enacted the`Brownfields Act"
which called on the Department to conduct a targeted audit of all sites at which AULs have been
implemented in order to ensure that these actions are meeting the requirements of Massachusetts'
laws and regulations, including Massachusetts General Law chapter 21E and the Massachusetts
Contingency Plan(MCP). The Department's audit of this site consisted of an RAO Screening
Review, an AUL Summary Compliance Review, and an AUL Field Inspection to observe the
condition of the area subject to the AUL.
RESPONSE ACTION OUTCOME (RAO) SCREENING REVIEW
A screening review of the RAO was performed using a standard Department checklist.
Examples of the Department's checklists are available on the Internet at
http://www.state.ma.us/den/bwsc/audits.htm. The Department is not directing you to undertake
further response actions at this time. Please note,however,that the review conducted by the
Department was not a comprehensive audit, and the Department reserves the right to conduct a
This information is available in alternate format by calling our ADA Coordinator at(617)574-6872.
205A Lowell St. Wilmington,MA 01887 • Phone(978)661-7600 • Fax(978)661-7615 . TM#(978)661-7679
1104 Printed on Recycled Paper
b
1
North Andover,RTN 3-13530 2
comprehensive audit of the RAO at any time in the future. It is possible that a future audit, if one
occurs,may identify deficiencies and/or violations of applicable laws and regulations, and may
require you to undertake further response actions at the site.
AUL SUMMARY COMPLIANCE REVIEW
Chapter 206 of the Acts of 1998 (The Brownfields Act)requires that the Department conduct an
audit of all sites with AULs. In carrying out this mandate,the Department has established
special procedures for reviewing AULs recorded on or before October 29, 1999, including the
AUL submitted as part of the RAO for your site. Please note that these procedures do not apply
to AULs recorded on or after October 30, 1999, and this Summary of AUL Compliance Review
should not be relied upon to predict audit results for such AULs.
Applying the procedures described above,the Department has identified an error in the AUL that
requires correction. Specifically:
• The AUL does not adequately define what uses and activities are permitted at the site,
what uses and activities are restricted, or what obligations and conditions must be
maintained at the site.
(a) The AUL does not adequately indicate what categories of use are permitted at the site
(i.e. commercial,residential, day care, school, etc.). The AUL must be more specific
in this regard. If it is necessary to restrict access to the property by children,then
residential use of the property must be clearly prohibited.
(b) The AUL permits passive activities that do not disturb soil, and refers to the MCP
definition.of"low intensity of use". Without examples provided,this language is too
technical to be understood by someone unfamiliar with the MCP.
(c) The AUL prohibits excavation without"proper precautions"but does not identify
what precautions are necessary' The AUL must be more specific in this regard. The
AUL must identify whether a health and safety plan, soil management plan, and/or
LSP oversight is required.
(d) The AUL includes an obligation to "continue to conduct existing or similar activities"
but does not identify the existing activities that occur on the property.
(e) The AUL permits construction activities that"do not involve exposure to soil for
prolonged periods of time". The AUL must specify what qualifies as a"prolonged
period of time.".
(f) The AUL includes an obligation to restrict access to the property by children, but
does not define a manner in which this obligation is to be effectuated(is a fence or
paving required?). If fencing or pavement is required,the LSP Opinion must clearly
indicate the boundaries of the fence or pavement to be maintained.
(g) The AUL requires that construction workers be warned of the intensity and frequency
of exposure allowed. The AUL must specify the intensity and frequency of exposure
allowed, and must specify what qualifies as a warning. If the intent is to notify
construction workers of the terms and conditions of the AUL,the AUL must state so
more explicitly.
e-
7
North Andover,RTN 3-13530 3
To correct this error, an Amendment and Ratification of Notice of Activity and Use Limitation
must be implemented within 180 days of the date of this Notice,using the enclosed form and
instructions. Please note that the AUL Opinion must be prepared and attached to the
Amendment and Ratification Form using Form 114S. Alternatively, you may submit a new
RAO Statement within 180 days of the date of this Notice, documenting the achievement of a
Class A-1,A-2, or B-1 RAO at the site (i.e. an RAO that does not rely on an AUL to maintain a
�. level of No Significant Risk). This is an enforceable interim Deadline issued pursuant to M.G.L.
c.21E, 310 CMR 40.0167 and 310 CMR 40.1140. If you do not meet this deadline you will be
subject to enforcement action by the Department. Please note that this deadline relates only to
AUL corrections. Additional response actions required by this Notice of Audit Findings may be
subject to shorter or longer deadlines.
Ten-Sixty Osgood Street Realty Trust sold the 1060 Osgood St. property to R&M Realty Trust
following the filing of the RAO. It is the responsibility of both the former and current property
owners to correct the error identified in the AUL. However,the current owner of the property
must sign the corrected AUL (Amendment and Ratification).
The Department has prepared-forms and detailed instructions for implementing the required
AUL corrections. Copies of the forms and instructions are attached,and are available on the
Department's AUL Audit Project web page,http://www.state.ma.us./dep/bwsc/files/audits/
aulfix.htm. This web page will be updated periodically to address any commonly asked
questions that arise as a result of AUL audits.
The Department is also offering several training workshops in the next few months. The
Department recommends that you(and/or the Licensed Site Professional(LSP)/attorney
preparing your AUL corrections)attend one of these workshops if you have questions on how to
proceed. The training schedule is also available on the Department's AUL Audit Project web
page. To obtain a schedule and/or register for the workshops, contact Thomas Potter, DEP's
Statewide Audit Coordinator at(617)292-5628.
AUL FIELD INSPECTION AUDIT FINDING
On November 9, 1999,the Department conducted an AUL Field Inspection at the location
identified above to observe conditions related to an area subject to a Notice of Activity and Use
Limitation. In particular,the AUL field inspection focused on activities and uses consistent with
the terms and conditions of the AUL and whether obligations and conditions required to maintain
a condition of No Significant Risk were being met.
The Department did not identify any violations of the requirements applicable to the AUL
maintenance at the site. However,the inspection noted repaired pavement indicating
construction activity had occurred. To confirm compliance with the terms of the AUL,please
submit to the Department a description of the excavation activities that took place and a
certification that the obligations of the AUL were met, specifically including the obligation to
warn construction workers. The description and certification must be received by the
Department within 60 days of the date of this Notice. This is an enforceable interim Deadline
b
North Andover,RTN 3-13530 4
issued pursuant to M.G.L. c.21E, 310 CMR 40.0167 and 310 CMR 40.1140. If you do not meet
this deadline you will be subject to enforcement action by the Department.
POST AUDIT COMPLETION STATEMENT REQUIRED
When the AUL Error is corrected, you should submit to the Department(attention: BWSC.Audit
Section)a Post-Audit Completion Statement in accordance with 310 CMR 40.1170,a copy of
which is attached.
LICENSED SITE PROFESSIONAL
A copy of this letter has been sent to John Clement, LSP# 5103,the LSP-of-Record for the
Disposal site.
LIMITATIONS& RESERVATION OF RIGHTS
Please note that the screening"review conducted by the Department on the RAO was not a
comprehensive audit,and the Department reserves the right to conduct a comprehensive audit of
the RAO at any time in the future. It is possible that a future comprehensive audit,if one occurs,
may identify deficiencies and/or violations of applicable laws and regulations,may require you
to undertake further response actions at the site, and may invalidate the AUL. The screening
review is not a representation by the Department that the RAO complies with M.G.L. c. 21E, 310
CMR 40.0000, or any other laws,regulations, or requirements.
The Department's findings were based upon the accuracy and certainty of the information
reviewed during the audit. These findings do not:'(1.)preclude future audits of past,current,or
future actions at the site; (2)apply to actions or other aspects of the site that were not reviewed in
the audit; (3)in any way constitute a release:from any liability,obligation,action or penalty under
M.G.L. c.21E, 310 CMR 40.0000,or any other laws,regulations,or requirements. The
Department retains authority to take or arratige,or to require any Responsible Party or Potentially
Responsible Party to perform any response action authorized by M.G.L. c.21 E,which the
Department deems necessary to protect health, safety,public welfare,or the environment.
Sincerely,
Patricia M. Donahue
Chief,Audit Section
Bureau of Waste Site Cleanup
Filename: Nlhowes/P:[Letters/sennof3-13530
Scnoafv6_105_31_01]
,
North Andover,RTN 3-13530 5
Attachments:
Audit Follow-Up Plan Transmittal Form&Post-Audit Completion Statement(BWSC-111)
AUL Amendment and Ratification Form and Instructions
Activity&Use Limitation(AUL) Opinion Form(BWSC-1145)
cc:
North Andover Board of Selectmen
North Andover Board of Health
North Andover Zoning Code Enforcement Official
North Andover Building Inspector
John Clement,LSP-of-Record(LSP#5103)310 Main St., Groveland,MA 01834
Thomas M.Potter,Audit Coordinator,DEP-Boston
NERO/Data Entry/RAO/TSAUD&AUDINS/NAFNVD
i
_ � `.
t� c
G
GREATER LAWRENCE SANITARY DISTRICT
RICHARD S.HOGAN,EXECUTIVE DIRECTOR
LAWRENCE ANDOVER
THOMAS CONNORS JOHN A.PETKUS Jr.
PAUL D.LAMBERT
FRANK McCANN NORTH ANDOVER
LEONARD J.DEGNAN
METHUEN March 28, 2005
MICHAEL J.COSTA SALEM,N.H.
CHARLES E THOMPSON EVERETT McBRIDE
RECEIVED
North Andover Board of Health TREASURER
400 Osgood Street MAR 2 9 2005 JOHN A.PETKUSJr.
North Andover, MA 01845
TOHEALLTH DEPARTMENT OF NORTH ER
To Whom It May Concern:
Enclosed please find the monthly sampling results report required by the Greater
Lawrence Sanitary District's Approval of Suitability, (AOS) sludge pellets effective
September 16, 2003. This report is submitted for the month of February 2005.
Sludge pellet samples were collected and analyzed in accordance with the sampling and
analysis plan approved by the Massachusetts Department of Environmental Protection.
All of the results are in compliance with the pollutant limits for Type 1, sludge pellets.
Should you have any questions, please contact me directly.
Sincerely,
Gre ter Lawrence Sanitary District
Colleen 7s Pero
Monitoring Manager
CMS/dlc
Enc:
Cc: New England Fertilizer Co.
Cert#7003 3110 0000 9280 4305
240 CHARLES STREET • NORTH ANDOVER,MASS. 01845-1649 9 TEL: 978-685-1612 FAX: 978-685-7790
F ZZZ113
ALPHA ANALYTICAL LABORATORIES
CERTIFICATE OF ANALYSIS
MA:M-MA086 NH:200301-A CT:PH-0574 ME:MA086 RI:65 NY:11148 NJ:MA935 Army:USAGE
Laboratory Sample Number: L0502080-01 Date Collected: 01-MAR-2005 08:30
GLSD-FEBRUARY-05 03/1 Date Received : 02-MAR-2005
Sample Matrix: SOLID Date Reported : 16-MAR-2005
Condition of Sample: Satisfactory Field Prep: None
Number & Type of Containers: 2-Amber
PARAMETER RESULT UNITS RDL REF METHOD DATE ID
PREP ANAL
Solids, Total 94. 0.10 30 254OG 0304 21:17 PD
pH 7.1 SU - 1 9045C 0302 20:10 DP
Nitrogen, Ammonia 3600 mg/kg 72. 30 4500NH3-BH 0308 15:45 0310 14:16 AT
Nitrogen, Nitrite 1.1 mg/kg 1.0 30 450ONO3-F 0311 14:23 ED
Nitrogen, Nitrate 4.2 mg/kg 1.0 30 450ONO3-F 0311 14:23 ED
Nitrogen, Total Kjeldahl 43000 mg/kg 640 30 450ON-C 0314 19:25 0316 11:43 AT
Phosphorus, Total 28000 mg/kg 520 30 450OP-E 0309 11:00 JT
..:M .5...:...::::::.:.................................::::::..........................:...::::::::::..........................:..:.:.::::::..................... :::...........................:::.:::. .........::::::.:
Arsenic, Total 12. mg/kg 0.42 1 60108 0311 15:00 0314 08:25 RW
Boron, Total 7.0 mg/kg 1.3 1 6010B 0311 15:00 0314 13:14 MG
Cadmium, Total 2.5 mg/kg 0.42 1 6010E 0311 15:00 0314 08:25 RW
Chromium, Total 47. mg/kg 0.42 1 6010B 0311 15:00 0314 08:25 RW
Copper, Total 610 mg/kg 0.42 1 60108 0311 15:00 0314 08:25 RW
Iron, Total 18000 mg/kg 2.1 1 6010B 0311 15:00 0314 08:25 RW
Lead, Total 89. mg/kg 2.1 1 6010E 0311 15:00 0314 08:25 RW
Mercury, Total 1.4 mg/kg 0.26 1 7471A 0304 18:45 0307 11:39 DM
Molybdenum, Total 8.0 mg/kg 2.1 1 6010B 0311 15:00 0314 08:25 RW
Nickel, Total 75. mg/kg 1.0 1 6010B 0311 15:00 0314 08:25 RW
Potassium, Total 1700 mg/kg 100 1 6010B 0311 15:00 0314 08:25 RW
Selenium, Total 4.5 mg/kg 0.84 1 6010E 0311 15:00 0314 08:25 RW
Zinc, Total 860 mg/kg 2.1 1 6010E 0311 15:00 0314 08:25 RW
Comments: Complete list of References and Glossary of Terms found in Addendum I
03160516:20 Page 3 of 9
/ ALPHA ANALYTICAL LABORATORIES
CERTIFICATE OF ANALYSIS
MA:M-MA086 NH:200301-A CT:PH-0574 ME:MA086 RI:65 NY:11148 NJ:MA935 Army:USACE
Laboratory Sample Number: L0502080-02 Date Collected: 02-MAR-2005 11:00
GLSD-FEBRUARY-05 03/2 Date Received : 02-MAR-2005
Sample Matrix: SOLID Date Reported : 16-MAR-2005
Condition of Sample: Satisfactory Field Prep: None
Number & Type of Containers: 1-Bacteria
PARAMETER RESULT UNITS RDL REF METHOD DATE ID
PREP ANAL,
Solids, Total 93. 0.10 30 254OG 0310 11:15 JS
Coliform, Fecal (MPN) <0.2 MPN/gm .22 30 9221E 0308 14:05 DT
T
Comments: Complete list of References and Glossary of Terms found in Addendum I
03160516:20 Page 4 of 9
4PZR°NS GRoG� THE PATRONS GROUP
=e Patrons Mutual Insurance Company of Connecticut
_ Patrons Fire Insurance Company of Rhode Island
Litchfield Mutual Fire Insurance Company
SINCF 1839 Provision State Insurance Company
Form of Notice of Casualty Loss to Building
Under Mass.General Laws Ch. 139,Sec.3B
TO: Susan Sawyer,Director Health Dept May 25,2005
Community Development
400 Osgood Street
North Andover,MA 01845
RE:Insured: Richard&Mary Nardella
Property Address: 63 Haymeadow Rd RECEIVED
Policy No.HNW019192
Loss of: 4/25/05 MAY 2 7 2005
File or Claim No.101268
TOHEALTH DE ARTM TER
Claim has been made involving loss,damage or destruction to the above captioned
property,which may either exceed$1,000.00 or cause Mass.Gen.Laws,Chapter 143,
Section 6 to be applicable.If any notice under Mass.Gen.Laws,Ch. 139 Sec.3B is
appropriate,please direct it to the attention of the writer and include a reference to the
captioned insured location policy number,date of loss and claim or file number.
P >P Y
Adjuster: Linda Fahey
J Y
Patrons Mutual Insurance Company
On this date I caused copies of this notice to be sent to the person(s)named above at the
P P � )
addresses indicated above by first class mail.
Signature and date
769 Hebron Avenue i�7 PO Box 6517 Glastonbury, Connecticut 06033-6517 '�r (800) 800-0863
21 South Street * PO Box 637 * Litchfield, Connecticut 06759 * (800) 228-2632
www.patronsgroup.com
p,TRONS G*0 THE PATRONS GROUP
Patrons Mutual Insurance Company of Connecticut
_ Patrons Fire Insurance Company of Rhode Island
Litchfield Mutual Fire Insurance Company
SINCE 1833 Provision State Insurance Company
Form of Notice of Casualty Loss to Building
Under Mass.General Laws Ch. 139,Sec.3B
TO: Michael McGuire,Building Inspector May 25,2005
Community Development
400 Osgood Street
North Andover,MA 01845
RECEIVED
RE: Insured: Richard&Mary Nardella
Property Address: 63 Haymeadow Rd MAY 7 2005
Policy No.HMA2019192 TOWN OF NORTH ANDOVER
Loss of: 4/25/05 HEALTH DEPARTMENT
File or Claim No.101268
Claim has been made involving loss,damage or destruction to the above captioned
property,which may either exceed$1,000.00 or cause Mass. Gen.Laws,Chapter 143,
Section 6 to be applicable.If any notice under Mass.Gen.Laws,Ch. 139 Sec.311 is
appropriate,please direct it to the attention of the writer and include a reference to the
captioned insured,location,policy number,date of loss and claim or file number.
Adjuster: Linda Fahey
Patrons Mutual Insurance Company
On this date,I caused copies of this notice to be sent to the person(s) named above at the
addresses indicated above by first class mail.
Signature and date
769 Hebron Avenue * PO Box 6517 Glastonbury, Connecticut 06033-6517 'i�r (800) 800-0863
21 South Street * PO Box 637 .r Litchfield, Connecticut 06759 t� (800) 228-2632
www.patronsgroup.com
Wheelabrator North Andover Inc.
A Waste Management Company
285 Holt Road
North Andover,MA 01845
(978)688-9011
(978)794-8058 Fax
RECEIVED
May 12, 2005 MAY 0 9 2005
Town of North Andover TOWN OF NORTH ANDOVER
Board of Health HEALTH DEPARTMENT
400 Osgood Street
North Andover, MA 01845
Dear Sir/Madam:
Enclosed are the tonnage receipts at Wheelabrator North Andover Inc. for the calendar month of
April 2005.
I certify under penalty of law that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information on submitted. Based on my inquiry
of the person or
persons who manage the system, or those persons directly responsible for gathering information,
the information submitted is to the best of my knowledge and belief true, accurate and complete.
If you should have any questions, please contact me at 978/688-9011.
Very truly yours,
J"Maccini
Plant Controller
cc: file
4.1.14
s/monthlyreportsnoandover
v ®
WASTE M NA EMEW
q
SUMMARY OF TOTAL REFUSE RECEIVED
Total P-H Private
Contract Contract P-H Hauler Grand
Date Communities Guaranteed Spot Subtotal Total
27-Mar 0.00 0.00 0.00 0.00 0.00
28-Mar 667.37 518.68 625.98 1,144.66 1,812.03
29-Mar 1,035.98 366.55 582.16 948.71 1,984.69
30-Mar 728.36 307.21 630.51 937.72 1,666.08
31-Mar 837.00 361.87 698.66 1,060.53 1,897.53
01-Apr 638.62 274.28 697.25 971.53 1,610.15
02-Apr 83.86 23.34 169.16 192.50 276.36
03-Apr 0.00 0.00 0.00 0.00 0.00
04-Apr 552.22 690.86 601.42 1,292.28 1,844.50
05-Apr 1,102.53 445.32 518.86 964.18 2,066.71
06-Apr 713.32 367.41 511.44 878.85 1,592.17
07-Apr 910.81 231.71 685.62 917.33 1,828.14
08-Apr 608.47 315.65 663.83 979.48 1,587.95
09-Apr 93.54 2.67 110.12 112.79 206.33
10-Apr 0.00 0.00 0.00 0.00 0.00
11-Apr 615.32 663.94 676.16 1,340.10 1,955.42
12-Apr 1,201.55 405.73 537.11 942.84 2,144.39
13-Apr 823.23 307.09 510.63 817.72 1,640.95
14-Apr 769.38 287.78 694.06 981.84 1,751.22
15-Apr 635.12 232.13 659.75 891.88 1,527.00
16-Apr 100.84 11.16 118.24 129.40 230.24
17-Apr 0.00 0.00 0.00 0.00 0.00
18-Apr 64.53 239.66 544.85 784.51 849.04
19-Apr 699.99 620.45 553.96 1,174.41 1,874.40
20-Apr 1,024.56 322.67 557.16 879.83 1,904.39
21-Apr 838.02 374.69 622.59 997.28 1,835.30
22-Apr 928.98 342.30 584.69 926.99 1,855.97
23-Apr 653.80 276.24 242.14 518.38 1,172.18
24-Apr 0.00 0.00 0.00 0.00 0.00
25-Apr 712.41 531.83 561.03 1,092.86 1,805.27
26-Apr 950.06 313.36 552.93 866.29 1,816.35
27-Apr 662.17 277.06 661.84 938.90 1,601.07
28-Apr 803.40 236.01 690.52 926.53 1,729.93
29-Apr 513.71 216.06 678.33 894.39 1,408.10
30-Apr 51.84 8.65 111.93 120.58 172.42
WEEK#1 3991.19 1851.93 3403.72 5255.65 9246.84
WEEK#2 3980.89 2053.62 3091.29 5144.91 9125.80
WEEK#3 4145.44 1907.83 3195.95 5103.78 9249.22
WEEK#4 4209.88 2176.01 3105.39 5281.40 9491.28
CALENDAR 16,752.28 8,018.05 13,515.62 21,533.67 38,285.95
[ MONTH
FISCAL 16,327.40 7,989.39 12,796.35 20,785.74 37,113.14
MONTH
NEW ENGLAND ENGINEERING SERVICES
INC
JUN 1 4 2005
June 8, 2005 F
TOHEALTH DEPAF2TM_NT R
North Andover Board of Health
400 Osgood Street
North Andover, MA 01845
RE: TITLE V REPORT: RE: 66 Sterling Lane North Andover, MA 01845
Dear Sir or Madam:
Enclosed is a copy of the Title V report for the above referenced property. The system
PASSED our inspection.
If there are any questions please call me at my office, 686-1768.
Sincerely,
Benjamin C. Osgood, r.
Certified Title 5 inspector
60 BEECHWOOD DRIVE-NORTH ANDOVER,MA 01845-(978)686-1768-(888)359-7645-FAX(978)685-1099
s
r
......................................
I of 11
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
TITLE 5 „
OFFICIAL INSPECTION FORM-NOT FOR VOLUNTARY ASSESSMENT
SUBSURFACE SEWAGE DISPOSAL SYSTEM FORM
PART A
CERTIFICATION
Property Address: 66 Sterling Lane North Andover,MA.01845 RECEIVED
Owner's Name: Natalie Goodman
Owner's Address: 66 Sterling Lane North Andover,MA 01845
Date of Inspection: June 7,2005 JUN 14 2005
Name of Inspector: (please print) Benjamin C.Osgood,Jr.Certified Title 5 Inspector TOWN OF NORTH ANDOVER
Company Name: New England Engineering Services Inc. HEALTH DEPARTMENT
Mailing Address: 60 Beechwood Drive North Andover,MA 01845
Telephone Number: 978-686-1768
CERTIFICATION STATEMENT
I certify that I have personally inspected the sewage disposal system at this address and that the information reported below is true,
accurate and complete as of the time of the inspection.The inspection was performed based on my training and experience in the
proper function and maintenance of the on site sewage disposal systems. I am a DEP approved system inspector pursuant to Section
15340 of Title 5(310 CMR 15.000).The system::
V Passes
Conditionally Passes
Needs Further Evaluation by the Local Approving Authority
r� Fails
Inspector's Signature: C.y Date:— -1
The system inspection shall submit a copy offs report to the Approving Authority(Board of Health or DEP)within 30
days of completing this inspection. If the system is a shared system or has a design flow of 10,000 gpd or greater,the inspector and
the system owner shall submit the report to the appropriate regional office of the DEP. The original should be sent to the system
owner and.copies sent to the buyer,if applicable,and the approving authority.
Notes and Comments
****This report only describes conditions at the time of inspection and under the conditions of use at that time. This inspection does
not address how the system will perform in the future under the same or different conditions of use.
r
c
2of11
OFFICIAL INSPECTION FORM—NOT FOR VOLUNTARY ASSESSMENTS
SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM
PART A
CERTIFICATION (continued)
Property Address: 66 Sterling Lane North Andover,MA 01845
Owner's Name: Natalie Goodman
Date of Inspection: June 7,2005
Inspection Summary: Check A,B,C,D or E/ALWAYS complete all of Section D
A. System Passes:
is 5 I have not found any information which indicates that any of the failure criteria described in 310 CMR 15.303 or in 310 CMR
15.304 exist. Any failure criteria not evaluated are indicated below.
Comments:
B. System Conditionally Passes:
One or more system components as described in the"Conditional Pass" section need to be replaced or repaired. The system,
upon completion of the replacement or repair,as approved by the Board of Health,will pass.
Answer yes,no or not determined(Y,N,ND)in the for the following statements. If"not determined"please explain.
The septic tank is metal and over 20 years old*or the septic tank(whether metal or not)is structurally unsound,exhibits
substantial infiltration or exfiltration or tank failure is imminent. System will pass inspection if the existing tank is replaced with a
complying septic tank as approved by the Board of Health.
*A metal septic tank will pass inspection if it is structurally sound,not leaking and if a Certificate of Compliance indicating that the
tank is less than 20 years old is available.
ND explain:
Observation of sewage backup or break out or high static water level in the distribution box due to broken or obstructed pipe(s)
or due to a broken,settled or uneven distribution box. System will pass inspection if(with approval of Board of Health):
Broken pipe(s)are replaced
Obstruction is removed
Distribution box is leveled or replaced
ND explain:
The system required pumping more than 4 times a year due to broken or obstructed pipe(s). The system will pass inspection if
(with approval of the Board of Health):
Broken pipe(s)are replaced
Obstruction is removed
ND explain:
c
3of11
OFFICIAL INSPECTION FORM—NOT FOR VOLUNTARY ASSESSMENT
SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM
PART A
CERTIFICATION(continued)
Property Address: 66 Sterling Lane North Andover,MA 01845
Owner's Name: Natalie Goodman
Date of Inspection: June 7,2005
C. Further Evaluation is Required by the Board of Health:
_ J Conditions exist which require further evaluation by the Board of Health in order to determine if the system is failing to protect
public health,safety or the environment
1. System will pass unless Board of Health determines in accordance with 310 CMR 15.303(1)(b)that the system is
not functioning in a manner which will protect public health,safety and the environment:
Cesspool or privy is within 50 feet of a surface water
Cesspool or privy is within 50 feet of a bordering vegetated wetland or a salt marsh
2. System will fail unless the Board of Health(and Public Water Supplier,if any)determines that the system is
functioning in a manner that protects the public health,safety and environment:
The system has a septic tank and (SAS)Soil Absorption System and the(SAS)and the SAS is within 100
feet of a surface water supply or tributary to a surface water supply.
The system has a septic tank and SAS and the SAS is within a Zone 1 of a public water supply.
The system has a septic tank and the SAS is within 50 feet of a private water supply well.
The system has a septic tank and SAS and the SAS is less than 100 feet but 50 feet or more from a private
water supply well**. Method used to determine distance
**This system passes of the well water analysis,performed at a DEP certified laboratory,for coliform bacteria and
volatile organize compounds indicates that the well is free from pollution from that facility and the presence of
ammonia nitrogen and nitrate nitrogen is equal to or less than 5ppm,provided that no other failure criteria are
triggered. A copy of the analysis must be attached to this form.
3. Other:
r
t
4of11
OFFICIAL INSPECTION FORM—NOT FOR VOLUNTARY ASSESSMENT
SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM
PART A
CERTIFICATION (continued)
Property Address: 66 Sterling Lane North Andover,MA 01845
Owner's Name: Natalie Goodman
Date of Inspection: June 7,2005
D. System Criteria applicable to all systems:
You must indicate"yes or No"to each of the following for all inspections:
Yes No
I_ Backup of sewage into facility or system component due to overloaded or clogged SAS or cesspool
,,s or ponding of effluent to the surface of the ground or surface waters due to an overload or clogged SAS or
cesspool.
X" Static liquid level in the distribution box above outlet invert due to an overload or clogged SAS or cesspool
--y Liquid depth in cesspool is less than 6"below invert or available volume is less than'/z day flow
—I Required pumping more than 4 times in the last year NOT due to clogged or obstructed pipe(s).Number of times
pumped
V, Any Portion of the SAS,cesspool or privy is below high ground water elevation.
—X-- Any portion of cesspool or privy is within 100 feet of a surface water supply or tributary to a surface water supply
— Any portion of a cesspool or privy is within a Zone 1 of a public well.
X Any portion of a cesspool or privy is within 50 feet of a private water supply well.
Any portion of a cesspool or privy is less than 100 feet but greater than 50 feet from a private water supply well with
no acceptable water quality analysis. (this system passes if the well water analysis,performed at a DEP certified laboratory for
coliform bacteria and volatile organic compounds indicates that the well is free from pollution from that facility and the
presence of ammonia nitrogen and nitrogen is equal to or less than 5ppm,provided that no other failure criteria are
triggered. A copy of the analysis must be attached to this form.)
--LVV (Yes/No)The system fails. I have determined that one or more of the above failure criteria exist as described in
310 CMR 15.303,therefore the system fails. The system owner should contact the Board of Health to determine what will be
necessary to correct the failure.
E. Large Systems:
To be considered a large system the system must serve a facility with a design flow of 10,000 gpd to 15,000 gpd.
You rilindicate either"yes"or"no"to each of the following:
(The folio criteria apply to large systems in addition to the criteria above)
Yes No
The system is wi 00 feet of a surface water supply
The system is within 200 feet o£ fin`butary to a surface drinking water supply
The system is logated in a nitrogen sensit ve are0(Interim Wellhead Protection Area—IWPA)or a mapped Zone H
of a public�water supply well e
If you answered.=yes"to any question in Section E the system is considered a si t threat,or answered"yes"in Section D above
the large system has failed. The owner or operator of any large system considered a significant threat under Section E or failed under
Section D shall upgrade the system in accordance with 310 CMR 15.304. The system owner should contact the appropriate regional
office of the Department.
6of11
OFFICIAL INSPECTION FORM—NOT FOR VOLUNTARY ASSESSMENT
SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM
PART C
SYSTEM INFORMATION
Property Address: 66 Sterling Lane North Andover,MA 01845
Owner's Name: Natalie Goodman
Date of Inspection: June 7,2005
FLOW CONDITIONS
RESIDENTIAL
Number of bedrooms(design)_Number of bedrooms(actual)::
DESIGN flow based in 310 CMR 15.203 (for example: 110 gpd x #of bedrooms :
Number of current residents:`'
Does residence have a garbage grinder(yes or no): Av
Is laundry on a separate sewage system(yes or no): NZ-1_[if yes separate inspection required]
Laundry system inspected(yes or no):
Seasonal use: (yes or no): Al 3
Water meter readings,if available(last 2 years usage(gpd): Tb.ten
Sump Pump (yes or no):/yo ..
Last date of occupancy_e., �r e,
COMMERCIALANDUSTRIAL
Type of establishment:
Design flow(based on 310 CMR 15.203): gpd
Basis of design flow(seats/persons/sgft,etc
Grease trap present(yes or nol:
Industrial waste holding tank present(yes or no):
Non-sanitary waste discharged to the Title 5 system(yes or no)
Water meter readings,if available:
Last date of occupancy/use:
OTHER(describe):
GENERAL INFORMATION
Pumping Records
Source of information:
Was system pumped as part of the inspection(yes or no): N O
If yes,volume pumped: gallons—How was quantity pumped determined?
Reason for pumping:
TYPE OF SYSTEM
Septic tank, distribution box,soil absorption system
Single cesspool
Overflow cesspool
Privy
Shared system(yes or no)(if yes,attach previous inspection records,if any)
Innovative/Alternative technology. Attach a copy of the current operation and maintenance contract(to be obtained from
system owner)
Tight tank Attached a copy of the DEP approval
Other(describe):
Approximate age of all components,date installed(if known)and source of information:
Were sewage odors detected wen arriving at the site(yes or no): IJ 0 .
7of11
OFFICIAL INSPECTION FORM—NOT FOR VOLUNTARY ASSESSMENT
SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM
PART C
SYSTEM INFORMATION(continued)
Property Address: 66 Sterling Lane North Andover,MA 01845
Owner's Name: Natalie Goodman
Date of Inspection: June 7,2005
BUILDING SEWER(locate on site plan)
Depth below grade: Z H
Materials of constniction: cast iron ✓40 PVC other(explain)
Distance from private water supply well or suction line:
Comments(on condition of joints,venting,evidence of leakage,etc.):
?I V? L.c-20%A,5 A C-.A-, \av W3 R-s
SEPTIC TANK: (locate on site plan)
Depth below grade: 6
Material of construction: X concrete metal_ fiberglass polyethylene
Other(explain)
If tank is metal list age: Is age confirmed by a Certificate of Compliance(yes or no): (attach a copy of certificate)
Dimensions: i LLZ>N S
Sludge depth: z"
Distance from top of sludge to bottom of outlet tee or baffle: 37-
Scum
iScum thickness: <1'.
Distance from top of scum to top of outlet tee or baffle: C,
Distance from bottom of scum to bottom of outlet tee or baffle 14"
How were dimensions determined: m G,g s a r
Comments(on pumping recommendations,inlet and outlet tee or baffle condition,structural integrity,liquid levels as related to outlet
invert,evidence of leakage,etc.):
-FA 1-iV, IN Craw tc,laD-T\�Z>^- Sc[( `IJ i'�c �� iiV Gro(-)o 60w13 11-7
ov�L� OF&A)iAl s>-2 6�: AA C- .'15T ALLIiy f-5(-J>c 4
fv,je(Z 1 N y#9.hE c0,0r+C—v20"R0N A�g CC/--JTZ-7-01Z aP&.,vI'v
GREASE TRAP: ' (locate on site plan)
Depth below grade:
Materials of construction: concrete metal fiberglass polyethylene other
(explain)
Dimensions: .
Scum thickness:
Distance from top of scum to top of outlet tee or baffle:
Distance from botton of scum to bottom of outlet tee or baffle:
Date of last pumping:
Comments(on pumping recommendations,inlet and outlet tee or baffle condition structural integrity,liquid levels as related to outlet
invert,evidence of leakage,etc.
8of11
OFFICIAL INSPECTION FORM—NOT FOR VOLUNTARY ASSESSMENT
SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM
PART C
SYSTEM INFORMATION (continued)
Property Address: 66 Sterling Lane North Andover,MA 01845
Owner's Name: Natalie Goodman
Date of Inspection: June 7,2005
TIGHT OR HOLDING TANK: (tank must be pumped at time of inspection)(locate on site plan)
Depth below grade:
Materials of construction: concrete metal fiberglass polyethylene other
(explain)
Dimensions:
Capacity: gallons
Design Flow: gallons/day
Alarm present(yes or no):
Alarm level: Alarm in working order(yes or no):
Date of last pumping:
Comments(condition of alarm and float switches,etc.):
DISTRIBUTION BOX: (if present must be opened)(locate on site plan)
Depth of liquid level above outlet invert: D
Comments(note if box is level and distribution to outlets equal,any evidnence of solids carryover,any evidence of leakage into or
out of box,etc.):
I•y ����� c��:�.�1�•'t. 7��� l?��u1J.-� V+U. AID rJ DE',.(Z
f� t•C�41�.i4(rE lilt' D2 N iOgni Jr�S �/ti2l2cl �cJP/j
PUMP CHAMBER: (locate on sire plan)
Pumps in working order(yes or no)
Alarms in working order(yes or no)
Comments(note condition of pump chamber,condition of pumps and appurtenances,etc.):
9of11
OFFICIAL INSPECTION FORM-NOT FOR VOLUNTARY ASSESSMENT
SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM
PART C
SYSTEM INFORMATION (continued)
Property Address: 66 Sterling Lane North Andover,MA 01845
Owner's Name: Natalie Goodman
Date of Inspection: June 7,2005
SOIL ABSORPTION SYSTEM(SAS): (locate on site plan,excavation not required
If SAS not located explain why
TYPE
leaching pits number
leaching chambers, number
leaching galleries number
—A leaching trenches,number in length Z -F r e^c 1-4 s �i ,�JN G-
leaching fields,number,dimensions:
overflow cesspool,number:
innovative/alternative system Typeiname of technology:
Comments(note condition of soil,signs of hydraulic failure.Level of ponding,damp soil,condition of vegetation,etc)
ftae ', yli-�- sus �cr� b-JOvs 4-AA,4t it/,) C✓.DE,vc� cr
f>A-nn? t_-, o►Z o00s-,f+L LJcrG, r► �4?1�/
CESSPOOLS:A(cesspool must be pumped as part of inspection)(locate on sire plan)
Number and configuration:
Depth-top of liquid to inlet invert
Depth of solids layer:
Depth of scum layer:
Dimensions of cesspool:
Materials of Construction
Indication of groundwater inflow(yes or no)
Comments(note condition of soil,signs of hydraulic failure,level of ponding,condition of vegetation,etc.):
PRIVY: N (locate on site plan)
Material of construction:
Dimensions:
Depth of solids
Comments(note condition of soil signs of hydraulic failure,level of ponding,condition of vegetation,etc.
//�� Wheelabrator North Andover Inc.
O/` A Waste Management Company
285 Holt Road
North Andover,MA 01845
(978)688-9011
(978)794-8058 Fax S
June 10, 2005
Town of North Andover
Board of Health
400 Osgood Street
North Andover, MA 01845
Dear Sir/Madam:
Enclosed are the tonnage receipts at Wheelabrator North Andover Inc. for the calendar month of
May 2005.
I certify under penalty of law that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering information,
the information submitted is to the best of my knowledge and belief true, accurate and complete.
If you should have any questions, please contact me at 978/688-9011.
Very truly yours,
Jul M. Maccini
Plant Controller
cc: file
4.1.14
s/monthlyreportsnoandover
v ®
WASTE MANAGEMENT
SUMMARY OF TOTAL REFUSE RECEIVED
Total P-H Private
Contract Contract P-H Hauler Grand
Date Communities Guaranteed Spot Subtotal Total
24-Apr 0.00 0.00 0.00 0.00 0.00
25-Apr 712.41 531.83 561.03 1,092.86 1,805.27
26-Apr 950.06 313.36 552.93 866.29 1,816.35
27-Apr 662.17 277.06 661.84 938.90 1,601.07
28-Apr 803.40 236.01 690.52 926.53 1,729.93
29-Apr 513.71 216.06 678.33 894.39 1,408.10
30-Apr 51.84 8.65 111.93 120.58 172.42
01-May 0.00 0.00 0.00 0.00 0.00
02-May 677.38 594.58 632.79 1,227.37 1,904.75
03-May 970.20 440.13 623.78 1,063.91 2,034.11
04-May 720.77 291.30 568.75 860.05 1,580.82
05-May 750.73 236.04 587.50 823.54 1,574.27
06-May 632.24 253.14 627.68 880.82 1,513.06
07-May 65.46 11.66 178.13 189.79 255.25
08-May 0.00 0.00 0.00 0.00 0.00
09-May 667.02 512.04 696.50 1,208.54 1,875.56
10-May 983.81 355.43 598.79 954.22 1,938.03
11-May 720.37 339.91 610.42 950.33 1,670.70
12-May 882.54 231.53 645.28 876.81 1,759.35
13-May 541.44 219.29 633.72 853.01 1,394.45
14-May 73.42 0.00 130.12 130.12 203.54
15-May 0.00 0.00 0.00 0.00 0.00
16-May 727.66 595.35 700.25 1,295.60 2,023.26
17-May 998.15 436.68 535.17 971.85 1,970.00
18-May 801.99 309.96 512.62 822.58 1,624.57
19-May 818.89 286.35 570.25 856.60 1,675.49
20-May 608.95 218.42 579.50 797.92 1,406.87
21-May 81.64 4.28 135.26 139.54 221.18
22-May 0.00 0.00 0.00 0.00 0.00
23-May 813.17 480.95 690.54 1,171.49 1,984.66
24-May 929.54 390.65 509.72 900.37 1,829.91
25-May 837.12 336.28 581.84 918.12 1,755.24
26-May 793.16 261.62 642.12 903.74 1,696.90
27-May 639.06 229.35 595.20 824.55 1,463.61
28-May 103.97 16.98 109.04 126.02 229.99
29-May 0.00 0.00 0.00 0.00 0.00
30-May 0.00 0.00 0.00 0.00 0.00
31-May 890.96 695.23 774.72 1,469.95 2,360.91
WEEK#1 3693.59 1582.97 3256.58 4839.55 8533.14
WEEK#2 3816.78 1826.85 3218.63 5045.48 8862.26
WEEK#3 3868.60 1658.20 3314.83 4973.03 8841.63
WEEK#4 4037.28 1851.04 3033.05 4884.09 8921.37
CALENDAR 16,729.64 7,747.15 13,469.69 21,216.84 37,946.48
MONTH
FISCAL 15,416.25 6,919.06 12,823.09 19,742.15 35,158.40
MONTH
� , �
�,��C�i �
a i1
JEFFREY P.KING,AIA cmQ Wx&k-',
PRESIDENT 97 8_657-_"788 Z
King Design Associates, Inc.
ARCHITECTURE PLANNING INTERIOR DESIGN
10 HIGH STREET MEDFORD,MASSACHUSETTS 02155
TELEPHONE:(781)393-0400 FAX:(781)393-4228
E-MAIL:interiors@kingda.net
MAR 30 2006 16:413 FR PATTERSON DENTAL 978 658 3807 TO 19786889542 P.02i08
stonPA77ERSON 600 Re e6 ch Drancrive
DENTAL Wilmington,MA 0887
Phone(978)6SO-1942
Fax(978)6583807
(800)842.5355
www.pattersoncompanies.com
March 30,2006
Michele Grant
Town of North Andover
400 Osgood Street
North Andover,MA 01845
Dear Michele Grant:
I am writing to describe dental equipment purchasedby ter. Charles Beliveau for his proposed
dental office at 1080 Osgood Street in North Andover. 'fhe following items have been ordered to
reduce or eliminate water consumption,sewage and discharge of hazardous chemicals. This is
the most current and environmentally conscious dental equipment available in the industry today.
I. Solemetex Ramvac HG5 Amalgam Separator. Filtration. See enclosed.
2. Ramvac Bulldog QT l Dry Dental Vacuum System. 100%water free. Other model
can receive and discharge up to 2 gallons of water per minute. See enclosed.
3. Schick Digital X-ray. Completely eliminates chemical film processing. No
developer and fixer.
4. No Cuspidors in the dental office. Reduced water consumption and wastewater by an
average of 875cc(.23 gallons)of water per patient. 'Dental unit water use data
enclosed.
5, Self-contained water system. The water supply for the dental unit,handpieces and air
water syringe is independent from the town water supply, Each unit has a self-
contained water bottle that is manually filled.
6. .Anti-retraction water valves in dental unit. See attached_
Please feel free to contact me at 978-658-1942 exl:en.sion 511 for any additional information.
Sincerely,
Bill1'ellicano
Equipment Speciabiit
Patterson Dental
Enclosures(4)
MAR 30 2006 16:49 FR PATTERSON DENTAL 978 658 3807 TO 19786889542 P.06i08
03/30/2006 13:12 FAX 503 538 0276 CUSTOMER SERV
aydeeFcbruary'�7,1997
MtEly O TO: ENGINEERING
f FRO)4. SCOTT PARRISH
PRODUCT MANAGER
i
SCJA:ECT: RETRACTION IN THE DENTAL LWT
1
A-De-.led the industry by changing all of our control systems to non-II tr.acting systems
in 1.q;:6, This was accomplished by an external check valve in 1986 a:d by the
intrcx uction of a new control block in 1992. The Century Plus contra:.block incorporated
the dick bill check valve into the control block. The Century Plus con ral block is
cttrra Itly inceiporated into all control systems except the portable lint �rluch is using the
Contiry II control block with external check valves.
The i.-Dec air water syringe was changed in 1986 to a non-retracting',a]'ue. All syringes
ptodL zed there after use the non-retracting valve.
Scott Parrish
Product Manager
i
2WI C IESTVICW("RIVE,NEWBERO,016GON9713R9257•USA • POST URFICE BOX III,N:WSEP1, GneaON 971YaI II USA
TELEPHONE 3033'996•^471 • TELVAx S0Ls79:,5oil
�-- -- �w�� •�.•� 503 538 0276 PAGE.02
MAR 30 2006 16:49 FR PATTERSON DENTAL 978 658 380? TO 19786BB9542 P.05i08
11/la14vua lv:cv me uuo 409 vary a.vwvluL'n uui� `
�V
d' ec
To Whom It May-Concern: '
W, were a;=,ked to submit information on water usage for A-dee 2140,21 Sol
2110, 2180 units,
Cu;ipidor Auto Bowl Rinse 800 cc= 15 sec cy:le
Cu;)Fill 75 cctcycle
Syringe 150 cc/cycle
High Speed Handpiece Coolant 50 cc/min® factor), setting
Assuming doctor sees 16 patientsl day. (310/month losd):
r-yc a atient CC/cyot 101'.11 CC/Patient
Cuspidor Auto Bowl kin= 4 800 15200
Cup Fill 1 75 7S
Syringe 4 150 600
High Speed Handpiece Coolant 6 Min SO _. QQ
Jt175 U40 gallon
41*75 cc (16 patients/day)= 66,800 cc water/day
Water usagelday=17.6 gallons
Doctor who sees 8-12 patients/day runs headpiece 20-40 minutes a day
C onvcrsion: CC X ,00026=gallon; 3785 or,- 1 gallon
o-
rti�•:'��S'�+�lwpr+wr ORVy"11.475r-POST OFFICE BOX III,NUINSEAG,OR27132.011i
rf;cas irn:✓ ',ry rJp 9471 . 'E1 FK Acimese.'SAX 5031' i6 5911
NOV 15 2005 13 22 5M 538 0276 PAGE.01
MAR 30 2006 16:49 FR PATTERSON DENTAL 978 65B 3607 TO 19786889542 P.04/08
1 "
Why select RAMVAC as your Dental Vacuum
Resourcel
Products
Lowe"-cost.vacuum
• Longest Set-vice life Mow-is it Possible to get the lowest
COST VZCt#UM from the highest priced
• Highest CfficiencY vacuum pump an the market? Simple,
• l0(1(Y,,Vater_Free The cost to make vacuum includes
• Zero water and sewer access (hook-up) charges Installation costs.operating expense,
• Zero water and sewer usage charges maintenance,and service life. Discover
•No backflow preventer(RPZ) valves how thousands of dental facilities save
thousands of dollars with RAMVAC.
• Half the electrical costs of water ring pumps and,
turbines
Durability
e Built for the life crf your praCtiCe RAMVAC has proven its vacuum
*Proven performance for more than 30 years pumps can last for decades,not just
- 10 year"No-Fail-'No-Wear-Out" Pump Warranty for years. -Our 10-year"no-fall-no-
- Long life from pumps operating at Y4 the speed of wear-out"warranty is unique in
dentistry. No wonder many RAMVAC
water-ring pumps and turbines owners are second generation. No
- Long.life from massive,solid steel rotating parts with wonder we can say with confidence.
continuous oil lubrication "RAMVAC is likely to be the last
0PUprotection from tank overflow by patented dental vacuum system you'll ever have
MP to buy,even K ies your first."
electronic system
-Pump dust protection from patented air filter system
performance How can RAMVAC guarantee
9 No-risk power with a written performwice guarantee performance?
1.We know how well our vacuum
- Models Sized for Provable Treatment Room pumps can perform.
performance i2.We have the tools and know how to
-patented "Point<A-Use" performance evaluaWig evaluate your facility's needs.
devices,VACHECKID and FLOWCHECKN 3,We have the patented VACHECKO
and FLOWCHECKTM to make sure
I, Exclusive "RAMVAC 3-Step" system for creating you got what we promised and what
performance specifications for any size facility. you paid for.
Can you get this from any other dental
V3CUUM system manufacturer? Not
that we know of.
RAMVAC has changed what dentistry can expect from a dental vacutur system.
1-866-DTE-1NF0/www.clentalez.com
MAR 30 2006 16:48 FR PATTERSON DENTAL 978 658 3BO7 TO 19786889542 P.03/08
11
.777.7
mir
06
NIV.-A,
Tank Accessories
H&S with
cartridge 0
attached
HgS Amalgam separator IvLd,,mercury to Wl)sewer AmalgWV,Separajors mlerap 11licrosc an
Hg5 opic particles d even capture or standar6,
discharge more din 99%free(roil)heavy MeW$.Our H95 SeP23M%Or%Meet ISO 11143 amalgam ieparal
are approved bYMAIlYsanitary authorities,and endorscd by inglY dental associafior's, ,approvals and endorsement
Change freqUetIdy,pkse cont2L(RAMVAC or Check www.depidei.com for tile late it information.Tile H95 AA121gam
Separator is a version of the SoilmtteX Hg5 Arnalgain Sepuralor made with modifi(-40wis to f2cibU10 use vAO'RAWAC
And Customkr vacuum eqtUpitieffi.The high tech Hg5 cartridge shows you when it iiee&to be changed,and can be
easily removed and replace -jjippjn�
.d witholl,tools.Most states allow used cartridge by common carrier it)a certified
rKyCltr*,
Features and Benefits
Rg5 Features Hg5 Cartridge
• Compact Size, Features - Benefits
• Large Pipes 9 ISO 11143 Certified -b Easycartridge replacement
Benefits • 3 Step Separation -identifies replacement time
• Increases installation e 2-Pin Connection * Captures dissolved mercury
otions, a Transparent * Ships by common carrier"'
• Eapsier installations a Exclusive resin 9 No hassle,no paperwork
• Quicker installations • Compact size a 1111A compliance.Just C2U for a
• Recycling Options F-edFx pick-up"
Ordering Information .. .$750.00
5)()500 lig5 Amalgam Separator .. .... . . . . . . . . . . .. . . . . . . . . . . . . .. . . . .... . ...
Waste collected by willgallimparZOini is comidereil liazardutt-s acid must tilmi be tr-,jrqimvdxA;i)rding to staw regulations.in addition.UIA regullitiOns
M(ILtiot denial facilities 41 acculliplicii-appr(liriate amalgam waste(16TK)3;11 and pripid(,d"oweill:11011 11)i1mve h,The 1.195 111,11kes this con'llancP MY:46 statin
(at die tilile this i-,,written-Q111 BAWAC(w check www4entat"t-011111 fOr uluiaus):allow Hv: carvidgw to he P1ckt,%l-ty by 1-'edit n(I jraIjq)urio,:1 to an MIA
certified jtci;cles. All you need lodii i%call FedD Thev will pick,up you 3 receipt-.vljilr jjrnej*it,;,,you have complied with all&1xi-M)
requiNiju!t%.NOI'L.I!.,td cartridW,must lit:delivere(l In an EIIA Canlfietl Ree.vejer.RAMkA( is 1)0[;,rtx:ycler.lk)NOT spn(l used carW(lj;ttq tj)HAMVAr,
1-866-DTE-1NF0/www.dentalez.c0M
MAR 30 2006 16:49 FR PATTERSON DENTAL 978 658 3807 TO 19786889542 P.08i08
03/30/2006 13:13 FAX 509 536 0276 CUST10NER SERV
DOUSLE CHECK
VALVE
CHECK VALVE
(ARROV T(IWARD WATER OUTLET)
TEE
MAL B ACIAPTf'R
FITTING
FIGURE 3 FIGURE 4
.w
�eeewwrA�w
COR QUtCi-DISCONNECT WATER OUTLET
Wanevcr a unit has a qulck-dlsconnect water outlet, a chuck waive must bo installed ::o conform to Citv of
Oetrolt ,lumbing c•ade requirements. The fetla+ing esplalAs where and how the chec. vitlre 7e installed in
two stattlefd conftauratlon9-
CONFIGIlN1T10N 4 (See Figure 4) with Flow Control Volvo
1. Flip the master on-Off toggle OFF.
2. Cvt .he 1/0-In•th tubing running from the Water flow Control valve to the quick•dinconnect water outiat.
'. Usint the sleeve clamps provided, install the cheek valve to the tubing. Nuke lure the anew an the
Chea. valve is pointing toward the quick-disconnect.
CONFICUR,TION 5 (jet Figure 5) without Flow Control Value
1. Fill) the NBs w on-Off goggle OFF.
2. Disc•nnect the I/4-Inch tubing From the Mat of the quick disconnect water out to':. Ilamgvt and save
the /4-inch tubing Sleeve-
3. Rbmn•e and save the I/4-inch barb From the inlet of the quick-disconnect.
4. Inst 11 the 1/4-inch barb and washer to the end'of the coupler provided. Instill an 1/8-Inch barb and
wash r (providrd) to the other and of the coupler. Tighten both barbs at the ismr.-
S. test 11 the coupler to the 1/4-Inch tubing ucing the 1/6-Inch tubing sleeve thlt lied bean removed
sari er, instill the I/8-iheh tubing (provided) to the other end of the COupl;r, using the sleeve
clam•s provided,
6. Instiit an i/6-Inch barb and washer (provided) to the Inlet of the qulck-discoursert. Using the sleeve
elaegs provide], insgall the 1/6-inch tubing to the inlet Of the auick-dlseonntiA.
�. Cut he 1/6-inch tubing In half. Using the sleeve elemps provided, install Chit checll valve to the
1/8- etch tubifty. make sure the arrow on the check value points toward the 4ul1.�-dist:Onnect.
rwwwr
COUPLER
�_. 14-INCH TUBING t.'1_INCFI
f/Iw NCH ' ® ®
Cilia
B•t RB
TUB G
1/4•»INCN
BARD BARB CHECK VALVE -•►tJv
FIGURE 5
���+ „�i.,r,-.moi w•�w��rrr�r .rwr�
85-117 rage 2 "81
__ .._ .�..., 503 539 0276 PAGE.04
** TOTAL PAGE.08 **
MAR 30 2006 16:49 FR PATTERSON DENTAL 978 658 3607 TO 19786669542 P.07i08
03/30/2006 13:13 FAX 503 538 0276 CUSTOMER SERV
WJ
r 2601 CREMIEW DRIVE - NMERG.OREGON 17132 U.S.A. - PHONE(50A�+1
tta -a
ee
90-316 DOUBLE CHECK VALVE K T
FOR CITY OF DITROIT
This 14i : contains the pnrts necessary to Insall [he 40-316 Double Check Valve Kll t,. ►tendard A-dee product!•,
this sail is required on all units sting Installed in th0 Cicy of Oetrolt to eonfols ;o City of Detroit plumb ng
Cote ra lyi realents.
The ful owing ere the configurations to be used an standard A-dec products. In ,n:ft Infteacef, not every part
conte:"'d in the I,I t will be used.
--NOTE --
We recweMnd using standard pipe sealantl on ell f :ting;t v
not having a washer to o►evlde sealing. _ �!
CONFIGU ATION I I'See Figure 1)
1. Shw off the i+iter at the mnnuel shut-off Valve.
Z. ois,onnect th.. ~also- filter-reguloter from the manual shut-off valve,
3. Row vs, the mala adapter from the and of the fitter-regulator.
e
4
Insr ll the druble check valve in the filter .regulator. Relnscell the filter eguiitor to the manual.
shut-off valva.
i/1-Ill CH�
OOUISLE CHECK POLY ?L l0'a
VA LYE OOUSLE CHECK
VALVE
MALE ADAPTER
BRA$$FEMALE
COUPLER
FIGURE 1 1:1 CURE 2
CONI'ICUF%TION Z (Seo Figure 2)
1. Shur the water off at the manual shut-off value.
2. Oiscr'nnett the Vater shut-off valve from the manual shut-off valve.
y. 14mc m the tuking tram the fitting on the Water Shut-Off valve, then remove th, fitting.
4. Init.11 chs 7/H-Ieth poly elbow (p►oV{ded) to the altar Shut-Off salve.
S. Imtt.II the dcuble cheek valve (provided) to the 7/8-Inch poly elbow.
6. Instill the brats female eeup.ler to the double check valve.
7. Instill the Fitting that had teen removed from the Water shut-Off valve to the brass female coupler.
8. Rein till the tubing to the fitting an the deubie check valve assembly.
9. Rain tell the Water Shut-off valve to the manual shut-off valve.
CONFlouftT1on 3 ISee figure 1)
1. Shyt the water, OFF at the manual shut-eff Valve.
1. betittnnact the tea fitting and filter-regulator assembly from the manual shut'ief valve.
). Ranu.a the mal: adapter from the end of the les flttinge.
Z. Instill the double Check valve assembly to the tee fitting, where the male &lotto.-Find been.
q. I,ist,ll the double check valve and filter-regulator assembly to the manual shut-e'f valva.
1-81 Page 1 85-117
.•..r, S2f_i 538 0276 PAGE.03
MAR 30 2006 16:48 FR PATTERSON DENTAL 978 656 3807 TO 19786889542 P.01i08
PATTERSON Boston Branch 704
DE N TA L 600 Research Drive
Wilmington,MA 01887
Date: 51,70 fou
F '
AX Number of pages imluding cover sheet: _
To: from:
hele< c2raot &III I Pahl QA'N
Phone: Phone; 97"59.1942 EXT.
Fax phone:_ 1W .of-9 Gqa Fax phone: 978-658-3807
CC:
REMARKS: ❑ Urgent ❑ Reply ASAP
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
ONE WINTER STREET, BOSTON, MA 02108 617-292-5500
JANE SWIFT BOB DURAND
Governor
Secretary
LAUREN A.LISS
Commissioner
HAZARDOUS WASTE REGULATIONS
FOR MASSACHUSETTS:
310 CMR 30.000
PUBLIC HEARING DRAFT:
REVISIONS TO THE HAZARDOUS
WASTE TRANSPORTER AND RECYCLING PROGRAMS
AND MISCELLANEOUS AMENDMENTS
March, 2002
Prepared by: The Commonwealth of Massachusetts
Executive Office of Environmental Affairs
Department of Environmental Protection
Bureau of Waste Prevention
Business Compliance Division
This information is available in alternate format by calling our ADA Coordinator at(617)574-6872.
DEP on the World Wide Web: http://www.state.ma.us/dep
`� Printed on Recycled Paper
Dear Citizen:
I am pleased to send you this copy of the public hearing draft for three sets of
amendments to the Massachusetts Hazardous Waste Regulations, 310 CMR 30.000. The
revised regulations propose a new approach to implementing the hazardous waste
transporter vehicle identification device (VID) fee. Massachusetts General Law Chapter
21C, Section 7 requires that the Department issue VID cards to licensed hazardous waste
transporters annually and to assess an annual fee. The proposed regulations will minimize
the administrative burden associated with applying for VID cards, while ensuring adequate
safeguards to protect public health and the environment. Instead of the previous $200 flat
fee per vehicle, the new VID fee will be a more equitable usage fee based on the amount of
hazardous waste transported in Massachusetts. Another amendment to the transporter
regulations establishes public notice requirements for hazardous waste transporter
modification applications.
Finally, the Class A recycling regulations 310 CMR 30.200 are being revised to
facilitate the removal of mercury from wastewaters in dentist offices. This change is one
of the key initiatives supported by the Executive Office of Environmental Affairs
(EOEA) under its Mercury Reduction Strategy co-sponsored by the Department of Public
Health. The Department proposes to waive the recycling permit requirements for
removing mercury from wastewater generated by dentists. Dentists will still need to
obtain a receipt from the offsite recycling facility and keep records of each shipment sent
offsite.
The process of developing and further refining the Department's regulations is
ongoing. The Department continues to benefit from the cooperation of industry,
environmental groups and other concerned citizens in addressing these complex issues.
After reviewing this Public Hearing draft,I hope that you will comment on it and attend one
of the public hearings to be held by the Department during May 2002; the public comment
period is scheduled to end on May 14. Your comments will be carefully considered as we
continue to develop and amend the Department's regulations so that they will contribute to
improving the public health, safety and welfare and the environment, in such a way as to
maintain the economic well-being of the Commonwealth.
Very truly yours,
James Colman
Assistant Commissioner
Bureau of Waste Prevention
2
TABLE OF CONTENTS
1.Legal Notice p. 4
2. Introduction and Background to Proposed Regulatory Revisions to Hazardous
Waste Transporter and Recycling Programs:
o Reinstatement of the VID Fee p. 5
o Public Notice for Transporter License Modifications p. 7
o Mercury Bearing Characteristic Sludges Sent by VSQGs Offsite
for Recycling p. 7
3. Discussion/Rationale of Proposed Regulatory Revisions to Hazardous Waste
Transporter and Recycling Programs
o Reinstatement of the VD:)Fee p. 8
o Public Notice for Transporter License Modifications P. 9
o Mercury Bearing Characteristic Sludges Sent by VSQGs Offsite
for Recycling P. 9
4. Proposed Revisions to Hazardous Waste Transporter Regulations P. 10
5.Proposed Revisions to Hazardous Waste Recycling Regulations p. 12
6. Miscellaneous Amendments to 310 CMR 30.000 p. 13
3
1. Legal Notice
Notice is hereby given that the Department of Environmental Protection(DEP),acting in accordance with the
provisions of M.G.L.Chapter 21C,Sections 4 and 6,and M.G.L.Chapter 21A,Section 18 will hold public
hearings on proposed amendments to 310 CMR 30.000,the Department's Hazardous Waste Regulations,and
310 CMR 4.00 et seq.,the Timely Action Schedule and Fee Regulations.
Amendments to several Hazardous Waste rules are proposed.First,the proposed amendments include the
reinstatement of a Vehicle Identification Device(VID)fee for licensed transporters of hazardous waste in
Massachusetts. The new fee will be apportioned by the volume of hazardous waste transported in
Massachusetts,rather than a flat fee per vehicle as was required until May 25, 1993. Second,the
Department proposes to add a specific public notice requirement for applications to modify hazardous
waste transporter licenses.Third,the Department proposes to streamline requirements for certain mercury
bearing wastes to promote their recycling.Finally, several miscellaneous changes to the hazardous waste
regulations are included.
The proposed amendments to the Timely Action Schedule and Fee Regulations include changes to clarify,
correct,or add fees affecting Departmental Programs involving Hazardous Waste,Industrial Wastewater,
Solid Waste,Watershed Management,Water Pollution Control,Department-wide Holding Tank
Certifications and Alternative Schedule Projects and Individual Rule Projects.The hearings are being held to
gather public comments on the proposed regulations before the regulations are finalized and filed with the
Massachusetts Office of Secretary of State. Public hearings will be conducted under the provisions of
Chapter 30A of the Massachusetts General Laws.All hearings will be held at Department Offices as follows:
May 3,2002—Worcester- 10:00 a.m.
DEP Central Regional Office,627 Main St.,Conference Room#1
May 3,2002-- Springfield- 1:00 p.m.
DEP Western Regional Office,436 Dwight St.,Room 517
May 6,2002—Boston—10:00 a.m.
DEP,One Winter Street, 80'Floor Conference Room
May 7,2002-- Lakeville- 10:00 a.m.
DEP Southeast Regional Office,20 Riverside Dr.,2"d Floor Library
May 7,2002—Wilmington—2:00 p.m.
DEP Northeast Regional Office,205 Lowell St.,Conference Room F
May 7,2002--Boston-2:00 p.m.
DEP One Winter St.,5th Floor Conference Room
Testimony may be presented orally and/or in writing at the public hearings. In addition,written comments
will be accepted at the address below until 5:00 p.m. on May 14, 2002. Please submit three copies of any
written testimony. Submit written testimony concerning the amendments to: David Biggers, 9''' Floor,
Department of Environmental Protection,One Winter Street,Boston,MA 02108.
Copies of the proposed regulations and background documents can be obtained by contacting David Biggers
at (617) 292-5787 or by accessing the Calendar and New Additions on DEP's web site at
http://www.mass.gov/dep.Proposed amendments to the Hazardous Waste Regulations and back-
4
ground documents can also be found at http://www.mass. og v/dep/byT/dhm/dhmpubs.htm#regs. Copies of
the public hearing documents can also be obtained during normal business hours at the DEP Boston Office
and each of the Regional Office Service Centers listed above.The DEP Boston Info Center may be reached at
617-338-2255 or 1-800-462-0444. This information is available in alternate format upon request to Bette
Stewart, ADA Coordinator, BAS/HR, 4th floor, One winter Street, Boston, 02108 at (617) 574-6872. For
special accommodations for this event, contact Jay Eberle at(617) 556-1067/One Winter Street, 3rd Floor,
Boston,MA 02108.
By order of the Department
Lauren A.Liss
Commissioner
2. Introduction and Background to Proposed Regulatory Revisions to Hazardous Waste
Transporter and Recycling Programs
The following regulatory changes apply only to transporters of hazardous waste in Massachusetts:
(a)Proposed Reinstatement of the VID Fee and Related Revisions to the Transporter Program:
Pursuant to M.G.L.c. 21C,Section 7,as originally enacted in 1979,the Department shall issue Vehicle
Identification Devices(VIDs)to a Massachusetts licensed hazardous waste transporter only if the
"applicant has paid an annual fee of$200 for each vehicle." In the early 1980's,the Department began
charging a$200 per vehicle fee to its licensed transporters.
i.Definition and Purpose:A VID is defined in the Massachusetts Hazardous Waste Regulations,310
CMR 30.010,as a document that"identifies a specific vehicle used to transport hazardous waste,and
which is issued by the Department pursuant to M.G.L. c.21C, Section 7." The Department issues VID
cards and embosses the name of the licensed transporter,a Vehicle Identification Number,a registration
number,and a VID card number. A VID card is not valid unless it has affixed to it a Department-issued
sticker for the current calendar year.
The purpose of the VID is to link each vehicle transporting hazardous waste generated in or destined for
Massachusetts to one licensed company.
ii.Switch to Compliance Fee: In 1990,the"Fees Authority",as enacted in Section 245 of c.150 of the
Acts of 1990,amended c.2 1 C to allow the Department to establish the VID fee pursuant to a newly
added Section 18 of c.21A. [Note that Section 243 of c.150 of the Acts of 1990 amended Chapter 21A
by adding a Section 18,the statutory authority for the Department's subsequent Fees regulations(Timely
Action Schedule and Fee Records;310 CMR 4.00);the Department's fee regulations establish permit
application fees and annual compliance assurance fees,and commit the Department to timely action on
permit applications]. Under the fees program,the Department opted to establish the VID fee as an
Annual Compliance Assurance Fee(ACF)and the fee remained at$200 per vehicle.
iii.MA Supreme Judicial Court(MA SJC)Decision: In a case brought against the Commonwealth by
the American Trucking Association,the MA SJC ruled on May 25, 1993 that:
• A flat fee is unconstitutional under the commerce clause of the U.S. Constitution,therefore,MA
may not collect the VID as a flat fee; and,
• An acceptable collection of fee would be via a volume or mileage apportioned assessment.
5
iv.Post-SJC Decision DEP Actions: Following the court's decision in 1993,the Department:
• refunded roughly$1 million to out-of-state companies for VID fees submitted from November,
1988 through May, 1993; and,
• stopped charging VID fees to hazardous waste transporters;no fee has been charged since 1993.
In 1998 the Department evaluated reinstituting a VID fee,which the Department raised as an issue in its
Transporter Regulations public hearing draft dated March 2000(see"Proposed Revisions to the
Hazardous Waste Transporter Program;March 2000 version"--
http://www.state.ma.us/dep/bwp/dhm/dhmpubs.httn#other) . In January 2000,the Department decided to
separate the VID Fee issue from the proposed Transportation Regulations package,and instead,to bring
the issue to its Policy and Fees Advisory Committee.
The fees are intended to cover the costs of operating the VID program.The estimated total annual cost of
the proposed VID Fee program is$582,851;this cost would cover VID issuance,permitting,compliance
monitoring,and enforcement activities. The Department has decided,however,to limit the fees collected
to$466,281,which is eighty percent of the estimated total annual cost. The Department selected"eighty
percent"to account for the variability of the estimates contained in this analysis. The Department
currently has about 130 licensed hazardous waste transporters with a total of approximately 8,200
vehicles with VIDs.
The Department proposes to establish a volume/weight based Vehicle Identification Device(VID)fee in
the form of an annual permit application fee to replace the previous flat fee that was ruled
unconstitutional in the May 25, 1993,MA SJC ruling. This is proposed as a regulatory change to the
Timely Action Schedule and Fee Provisions regulations at 310 CMR 4.10 in which an annual permitting
fee category is proposed to be added for VIDs. Attachment A shows the calculations used to generate the
VID fee rate of$0.0014 per pound of hazardous waste transported.
The key regulatory changes in the Massachusetts Hazardous Waste Regulations,310 CMR 30.000,
require that transporters:
• apply for VID card(s)/sticker(s),one for each vehicle,by submitting a completed Department
approved application form(see proposed 310 CMR 30.414(b)(1), 1st sentence);
• attach to the application four quarterly MA HWT Fee Reports for hazardous waste transported
during the 12 months ending March 31"prior to the application(see proposed 310 CMR 30.414
(b)(1)2nd sentence); and,
• may only receive VID card(s)/stickers(s) if they hold a current hazardous waste transporter
license(see proposed 310 CMR 30.414(b)(2)).
In addition,the proposed regulations clarify that while an application may be filed on any business day of
the year,where possible,an application should be filed for the following calendar year's annual stickers
in the month of August. Receipt of the applications in August will allow ample time,up to three months
as established in the new fee category described above,to process the applications and issue sticker(s)for
the following calendar year to the transporters. The regulations clarify that VID card(s)/stickers are only
effective during the current calendar year regardless of when issued. Finally,the regulations explain that
additional or replacement VID cards/stickers for the same calendar year may be requested without an
additional application fee.
6
(b)Proposed Public Notice for Transporter License Modifications
The current public notice requirements for Transporter License actions in 310 CMR 30.834 are unclear
with regard to public notice requirements for transporter license modifications. Existing language refers
only to license application and makes no reference to"license modification application". The
Department proposes to clarify the public notice requirements by adding a specific public notice
requirement for hazardous waste transporter license modification applications [see proposed 310 CMR
30.834(3),(4),and(5))].
The key regulatory changes for transporters seeking to modify their transporter licenses are as follows:
• Publish a public notice in a local newspaper only if the proposed modification is a change in
office address or parking location address;the newspaper must be one with circulation in the
Massachusetts town/city of the applicant's proposed office address where transportation-related
activities(e.g.vehicle parking)are proposed to take place and license records are proposed to be
maintained(see proposed 310 CMR 30.834(3) 1st sentence)). [Note: public notice is not
required for other types of transporter license modifications, including change in E.P.A.
identification number,telephone number,waste code/category,or the following,which are not
310 CMR 30.828 license transfers: name changes, stock transfers,or new owners/operators].
• Provides a 21 day public comment period for transporter license modifications,a shorter
timeframe than the 45 days of public comment extended for hazardous waste transporter
applications(see proposed 310 CMR 30.834(3)(c)).
(c)Mercury Bearing Characteristic Sludges Sent by VSQGs Offsite for Recycling
To support the Commonwealth's on-going effort to virtually eliminate mercury releases to the environment,
the Department is proposing to streamline its hazardous waste recycling regulations for Very Small Quantity
Generators(VSQGs)who send mercury off-site for recycling. The proposed changes would promote
recycling of mercury-bearing wastes by eliminating current permitting and reporting requirements for this
group of generators,who are primarily dental offices that generate less than 100 kilograms of regulated
recyclable material per month.
The rule change would encourage dental offices to use technology(both currently available and innovative
approaches now being developed)to separate mercury-bearing wastes from wastewater. This change should
make it easier to keep mercury out of Massachusetts Publicly Owned Treatment Works(POTWs)and
therefore out of our air and water. Furthermore,the use of this technology will aid in keeping particulate
mercury-bearing amalgam out of the trash and out of incinerators and landfills and therefore out of our air
and water.
7
Over the last year, the Department has been evaluating its hazardous waste recycling program to identify
opportunities for promoting recycling through regulatory streamlining. The changes proposed here for
mercury-bearing wastes will be supplemented at a later date by a more comprehensive package of revisions.
The larger package will address the issue of whether all categories of Class A permits for on-site recycling
should be replaced by notifications and performance standards. It will also propose that permit requirements
be eliminated for all other categories of VSQGs sending regulated recyclable material offsite for recycling.
The Department's Hazardous Waste Advisory Committee has reviewed an earlier version of the
comprehensive amendments, and has endorsed the concept of replacing most Class A permit requirements
with performance standards. This "mercury" proposal is being proposed now to address growing concern
with mercury releases into the environment. Meanwhile,the comprehensive package of revisions is currently
being reviewed by the U.S. Environmental Protection Agency, and public comment will be solicited when
that review is complete.
Under current regulations, a dentist seeking to recycle hazardous waste containing mercury must:
✓ Obtain a generator identification number and a Class A recycling permit;
✓ Pay a$100 recycling permit fee;
✓ Ship Regulated Recyclable Materials (RRMs) only to authorized recyclers who have a Class A
permit(unless out-of-state);
✓ Submit an annual recycling activities report to the Department;
✓ Maintain records of Class A activities; and,
✓ Obtain a receipt of recycling certification from the(off-site)recycling facility.
The Department believes these requirements may actually discourage recycling since the permit process can
be seen as burdensome and the risk posed by such small quantities of hazardous waste is minimal as long as it
is properly managed.
3. Discussion/Rationale of Proposed Revisions to Transporter and Recycling Programs
(a)Reinstatement of VID Fee
To return to compliance with Section 7 of the Massachusetts General Laws Chapter 21C,the Department
must reinstate fees for the issuance of vehicle identification devices(VIDs). The Department established
the following criteria for looking at its options for reinstating a VID fee:
• Comply with the MA SJC decision, including apportionment;
• Cover costs of DEP permitting and compliance assurance services;
Streamline process as much as possible;and,
• Rely on data that is readily available.
With these criteria in mind,the Department considered three options for re-establishing the VID fee. The
options are as follows:
I. Annual Permit Application Fee Apportioned by Volume;
2. Annual Compliance Assurance Fee Apportioned by Volume;and,
3. Annual Permit or Compliance Assurance Fee Apportioned by Mileage.
Option 1 is the option being proposed, since it best meets the criteria described above. Option 1 relies on
the existing VID annual issuance process and utilizes information that is currently required. It will
require no major changes to the existing DEP systems and is administratively the most efficient for the
Department to implement. Option#1 will also be more efficient for transporters to comply with. Options
8
i
i
#2 and #3 would require new data submissions and/or more complex administrative processes while
offering no apparent advantages.
The Department established a cost basis for the services provided related to charging a permit application
fee.The cost estimate is based upon the Department's anticipated and historical costs for processing
permit applications;issuing decisions;providing technical assistance;conducting surveillance,inspection,
compliance monitoring,and enforcement activities, including data reporting and fee verification
oversight. The Department estimates that 5.52 FTEs are needed,and using a FY2002 basis for
determining FTE costs estimates,that the total annual cost for a re-established VID Fee program would
be$582.851. This cost would cover the services for VID issuance,permitting,compliance,monitoring,
and enforcement activities.
The Department has decided,however,to limit the collection of fees to$466,281,which is eighty percent
of the estimated total annual cost.The Department selected"eighty percent"to account for the variability
of the estimates contained in this analysis. As mentioned above,the Department currently has about 130
licensed hazardous waste transporters with a total of approximately 8,200 vehicles with VIDs. Although
actual volumes would vary significantly, if each vehicle hauls the same annual volume of hazardous
waste in Massachusetts,the VID fee would be approximately$57 per vehicle. This represents about
twenty eight percent of the $200 per vehicle fee charged to transporters by the Department prior to the
MA SJC decision. Attachment B documents VID cost estimates for a reinstated VID fee.
Note that Departmental personnel conduct audits of hazardous waste hauling vehicles both at TSDFs and
on the highways. As part of the audit, inspectors conduct vehicle safety inspections,review emergency
response plans, examine US DOT shipping papers/hazardous waste manifests, and VIDs.
(b)Public Notice Requirements for Transporter License modifications
The Department believes that public notice for modifications is needed only for those modifications with
change of addresses of either office locations or parking locations to adequately notify the community.
Since license modifications are presumptively approved within 30 days of receipt,only a brief period may
be extended for public comment. The applicant must publish a public notice in a local newspaper within
four business days of receipt of the modification application by the Department;21 days of public
comment should allow ample time for neighbors to submit their comment to the Department.
(c)Mercury Bearing Characteristic Sludges Sent by VSQGs Offsite for Recycling
Mercury that is released into the environment can be transformed through biological processes into
methyl mercury. This form of mercury"bioaccumulates" in fish to levels that are 100,000 times higher
than levels in the water in which the fish live,making them unhealthful or dangerous to eat. Methyl
mercury is highly toxic to developing nervous systems.For these reasons,the Massachusetts Department
of Public Health(DPH)has advised pregnant women,nursing mothers,women of child-bearing age and
children under 12 to avoid eating native freshwater fish from any Massachusetts lakes,rivers and streams.
DPH has also recommended that all Massachusetts citizens limit their consumption of certain marine
species and avoid certain fish from those bodies of water where sampling has revealed a significant
mercury problem.
9
The Massachusetts Executive Office of Environmental Affairs has adopted a"Zero Mercury Strategy,"which
is designed to virtually eliminate mercury use and releases to the environment. The Strategy focuses on
reducing mercury air emissions and wastewater discharges from Massachusetts incinerators and businesses,
and on educating consumers so they know what products contain mercury. As of today, the high mercury
emissions levels recorded in Massachusetts in 1996 have been cut in half.
Mercury is commonly found in several products in dental offices that are often disposed of as solid
wastes: bulk mercury (formerly used to prepare dental amalgam),excess pre-packaged amalgam,mixed
amalgam with tooth scraps. Dental offices can release mercury to the environment through wastewater as
drains discharge to sewers or septic systems. Dental offices contribute an estimated 13%of the mercury
discharged to Massachusetts waters,primarily through wastewater discharges. Studies have shown a link
between the mercury that ends up at POTWs and the discharge of amalgam particles from dentist offices.
The Department has targeted mercury for its Innovative Technology development and support efforts.An
innovative technology currently supported by the Department is designed to remove heavy metals,
including dissolved and fine particulates of mercury,from contaminated wastewater.The Department
believes that waiving the permit requirement would facilitate the use of such technology.
The amendments proposed would allow a VSQG to send mercury-bearing recyclable material off-site for
recycling without having to obtain a Class A recycling permit provide that specific requirements are met.
The VSQG would have to:
✓ Obtain a Massachusetts generator identification number;
✓ Ship RRMs only to authorized recyclers who have a Class A permit(unless out of state);
✓ Obtain a receipt of recycling certification from the off-site recycling facility;
✓ Keep a record of each shipment sent off-site for recycling;and,
✓ Accumulate recyclable material in containers that are sealed and structurally sound and labeled as
a RRM, if the recyclable material is accumulated on-site prior to shipping.
The Department believes that by eliminating the administrative burden associated with obtaining a
hazardous waste recycling permit and reporting on recycling to the Department,these regulations will
facilitate mercury recycling and further reduce a source of mercury pollution. The proposed revisions
would increase protection of human health and the environment by replacing disposal of mercury-bearing
wastes with recycling.
4. Proposed Revisions to the Hazardous Waste Transporter Regulations
Please note that the numbered amendments in this section are presented in red-line (shaded text added)
and strikeout(line-through,text deleted)format.
1. 310 CMR 30.414 is hereby amended as follows:
30.414: Vehicle Identification Device
(a) General Provisions
No transporter shall transport hazardous waste in any motor vehicle in the Commonwealth unless the
Department has issued a vehicle identification device to that transporter for that vehicle. Said vehicle
identification device shall have affixed to it a Department issued sticker with an expiration date for
the current calendar year.VID(s)/sticker(s)are only effective for one calendar year regardless of
when issued. Said vehicle identification device shall also be at4aehed to the eab eaFd an accompany
10
each shipment of hazardous waste in the vehicle [See Section 6--Miscellaneous Revision#31.
Vehicle identification devices shall be returned to the Department upon demand.
(b)Annual Vehicle Identification Device(VID)/Sticker
(1) A transporter shall apply for annual VID(s)/sticker(s), one for each vehicle to be used to
transport hazardous waste,by submitting a completed Department approved application form.
Such application shall have attached four quarterly Massachusetts Hazardous Waste
Transporter Fee Reports(as required by 801 CMR 4.00)for hazardous waste transported
during the twelve months ending the March 31 prior to the application and shall convert total
annual volume or weight to pounds using the following conversion factors: 1 gallon equals
10 pounds, 1 ton equals 2000 pounds, 1 metric ton equals 2204.6 pounds, 1 liter equals 2.643
pounds, 1 cubic yard equals 2000 pounds, 1 cubic meter equals 2,515.9 pounds, one kilogram
equals 2.205 pounds.
(2)The transporter must receive a hazardous waste license prior to receiving
VID(s)/sticker(s).
(3)An annual application may be filed any business day of the year,however,when possible, early
application for the following calendar year's annual stickers may be filed in August.
(4)After issuance of VID(s)/sticker(s)for use during a single calendar year, additional or
replacement VID(s)/sticker(s)for the same calendar year may be requested without an
additional application fee.
2. 310 CMR 30.834 is hereby amended as follows:
30.834: Public Notice of Transport License Actions
310 CMR 30.834(1),(2), and(5)applies to hazardous waste transporter license
applications and 310 CMR 30.834(3), (4),and(5)applies to hazardous waste transporter
license modifications.
(1) The transporter applicant shall publish a"Notice of Application for a Transporter
License" in a newspaper with circulation in the.Massachusetts town/city of the applicant's
office address where transportation-related activities take place and license records are
maintained.The notice shall be on a form provided by the Department.
(a) The notice must appear in the newspaper within 15 days after the Department
signs for receipt of the written application;
(b) Within 21 days after the Department signs for receipt of the written
application,the applicant must provide a copy of the published newspaper notice to
the Department and the local(Massachusetts only)board of health.
(c) The notice shall provide for a 45-day comment period,beginning on the date of
the publication of the notice,during which comments may be submitted to the
Department at the address provided in the notice form.
(2) An The transporter license application shall be available at the Department's Boston
office and, for in-state applicants,at the local board of health for public review and
comment for 45 days after the notice publication date.
(3)For changes in office address or parking location address,the transporter license
modification applicant shall publish a"Notice of Application for a Transporter License
Modification" in a newspaper with circulation in the Massachusetts town/city of the
applicant's office address(and proposed office address)where transportation-related
activities(e.g.vehicle parking)take place(or are proposed to take place)and license
11
records are maintained(or are proposed to be maintained). Public notice is not required
for other types of transporter license modification, including change in EPA
identification number,telephone number,waste code/category,or the following which
are not 310 CMR 30.828 license transfers: name changes, stock transfers,or new
owners/operators. Public Notice shall be on a form provided by the Department.
(a)The notice must appear in the newspaper within 4 business days after the
Department signs for receipt of the written application;
(b)Within 21 days after the Department signs for receipt of the written application,
the applicant must provide a copy of the published newspaper notice to the
Department and the local(Massachusetts only)board of health.
(c)The notice shall provide for a 21-day comment period,beginning on the date of
the publication of the notice, during which comments may be submitted to the
Department at the address provided in the notice form.
(4)The transporter license modification application shall be available to the
Department's Boston office for public review and comment for 14 days after the notice
publication date.
(34(5)All public notices issued pursuant to 310 CMR 30.834, shall at a minimum,
contain the following information:
(a)The name and address of the office of the Department processing the license
application or license modification application for which notice is being given;
(b)The name and address of the licensee or applicant;
(c)A brief description of what is proposed by the applicant,provided that in the case of a
public notice of a license modification being proposed pursuant to 310 CMR 30.851,the
notice need only describe the proposed modification;
(d)The name,address,and telephone number of an individual from whom interested
persons may obtain further information, including a copy of the application;
(e)A brief description of the required public comment procedures; and
(f)Any additional information considered necessary or appropriate, including any other
procedures by which a person may participate in the process leading to a final license or
license modification determination.
5. Proposed Revisions to the Hazardous Waste Recycling Regulations
Please note that the numbered amendments in this section are presented in red-line(shaded text added)
and strikeout(line-through,text deleted)format.
1. 310 CMR 30.221 is hereby amended as follows:
30.220: Requirements Governing Class A Regulated Recyclable Materials
310 CMR 30.220 through 30.229,cited collectively as 310 CMR 30.220,...
30.221: General Provisions
(1).........
(3) Persons who generate one hundred kilograms or less in a calendar month of Class A
regulated recyclable material,other than those regulated recyclable materials listed in
12
310 CMR 30.136,and accumulate at any one time no more than 600 kilograms of
regulated recyclable material,need not obtain a permit for the generation,management,
transportation,or recycling of Class A regulated recyclable material,provided: However
sueh genefatofsl
(a)are lifnitea to re ^ling eas:*^^nly the Class A regulated
recyclable material that is generated onsite is recycled onsite; or,
(b) the material being recycled is a characteristic sludge hazardous solely because it
exhibits the Toxicity Characteristic due to the presence of mercury(D009)and the
following requirements are satisfied:
1. the material is sent offsite for reclamation;
2. the generator shall keep, for a period of at least three years from the date of
recycling:
a. records from the recycling facility,certified pursuant to 310 CMR 30.009,that
the materials were recycled in compliance with applicable State and Federal laws
and regulations; and
b . a record of each shipment sent off-site. The record shall take the form of
a log,invoice,manifest,bill of lading or any other shipping document,and
shall include the:
i. name and address of the facility to which the material was sent;
ii. quantity of each type of material sent;and
iii. date the shipment of material left the site; and,
3. the material, if accumulated on-site prior to shipping,must be accumulated in
containers that are sealed and structurally sound,and labeled as a regulated
recyclable material.
(c)a generator of Class A regulated recyclable materials that is exempt from the
requirement to obtain a recycling permit pursuant to 310 CMR 30.221(3)(a)shall
comply with all other applicable standards and requirements set forth in 310 CMR
30.200 governing Class A regulated recyclable material.
[NOTE: A footnote to Table at 30.221,par(5)will be added to address the exception
created for certain Hg materials sent off-site;can do by referencing 30.221(3)(b).]
6. Miscellaneous Revisions to 310 CMR 30.000
Please note that the numbered amendments in this section are presented in red-line(shaded text
added)and strikeout(line-through,text deleted)format.
1.310 CMR 30.402 is hereby amended as follows:
30.402: Requirements for Transporting Hazardous Waste
No person,unless exempted by 310 CMR 30.401, shall transport hazardous waste without
obtaining and maintaining in effect: ...
13
i
II
(4)A written certification by the Massachusetts Department of Deblie Utilities
Telecommunications and Energy that the person is in compliance with M.G.L. c. 159B.
[Explanation of change: in 1999,the Massachusetts Department of Public Utilities changed its
name to the Massachusetts Department of Telecommunications and Energy.]
2. 310 CMR 3 0.407(1)( is hereby amended as follows:
:
30.407: Reporting
(1)Effective on and after January 1, 1991,all transporters licensed by the Department
pursuant to 310 CMR 30.000 shall submit monthly operating reports to the Department
no later than the last day of the following month,except for transporters using the two-
part manifest described in 310 CMR 30.315. if no hazy-,d^, wastes are handled in"
pa#ieular-menth,a fneathly fe eA stating th f et shall be s,,i,....: Such reports shall
be on a machine readable file in a formatrescribed b the Department and shall
P Y P
include,but not be limited to,for each shipment of hazardous waste,the following
information:
(a)Generator EPA identification number,name, generator city,generator state,
generator zip code,site address:
(b)State manifest document number;
(c)Transporter(s)EPA identification number,transporter(s)state identification
number;
(d)Designated facility EPA identification number;
(e)Number of containers,type of containers,total quantity,units,waste number,
and handling code,for each waste stream;
(f)Generator certification date, transporter(s)signature date, continuing
transporter(s)signature date(s)as applicable,and designated facility signature date.
(g) Special handling instructions; and
(h)Discrepancy indication.
(2)Wastes in transit at the end of the reporting period shall be reported in the monthly
report for the month in which they are delivered to the designated facility or the
continuing subsequent-transporter.
(3)If hazardous waste is transported by a transporter licensed at that time by the
Department from a generator to a facility which is licensed at that time by the
Department and which is on the site at which that hazardous waste was generated,and if
that transporter,generator, and facility owner or operator are the same person,that
hazardous waste need not be included in the monthly reports of that transporter.
(4)Effective on and after February 1, 1990,transporters using the two-part manifest
described in 310 CMR 30.315 and 30.405(9)shall be exempt from 310 CMR 30.407
with respect to the information appearing on such manifests in compliance with said
regulations.
(5)Transporters who are unable to comply with the requirement to submit the monthly
operating report on a machine readable file shall apply to the Department for a
conditional exemption no later than December 1, 1990. The exemption request shall
14
include the reasons why the transporter is unable to comply.An exemption from this
requirement is not granted until the Department approves the request in writing.
(6)Transporters who handle no hazardous wastes in a particular month shall submit
only a paper monthly report stating that fact to the Department no later than the last day
of the following month..
[Explanation of changes: moving the requirement for submitting a report of"no waste handled"to
the end of 30.407 [re-worded and added as section"(6)"] clarifies that the information described in
30.407(1)(a)through(h)should apply only to reports for which transporters are reporting handling
hazardous waste;changing the requirement that the"no hazardous waste handled"report is only a
"paper monthly report"reduces the burden on the regulated transporter,since the company would
not need to send a disk to the Department. Adding"continuing transporter date"allows the
shipment reporting to address receipt by the continuing transporter referenced in section 310 CMR
407(2). Restoring the term"continuing transporter"will establish consistency with the terminology
so defined in 310 CMR 30.311(2).]
3. 310 CMR 30.414 is hereby amended as follows:
30.414: Vehicle Identification Device
No transporter shall transport hazardous waste in any motor vehicle in the
Commonwealth unless the Department has issued a vehicle identification device to that
transporter for that vehicle. Said vehicle identification device shall have affixed to it a
Department issued sticker with an expiration date for the current calendar year. Said
vehicle identification device shall also be aaaehea to the eat, eaf of accompany each
shipment of hazardous waste in the vehicle. Vehicle identification devices shall be
returned to the Department upon demand.
[Explanation of change: the Department recognizes that the requirement that vehicles have cab cards has
been phased out by the U.S.Department of Transportation and the Massachusetts Registry of Motor
Vehicles;therefore,the Department deletes reference to"cab cards"and requires that the VID card
accompany the shipment in the vehicle; i.e.,that the VID card be in possession of the driver and kept in
the transporting vehicle,whether in the tractor or on the trailer.]
15
ATTACHMENT A
Hazardous Waste Transporter
VID Fee
1. (1 FTE @ $105,589)(5.52 VID Program FTEs)=$582,851
2. @80%($550,119)= $466,281 (Program costs for determining fee)
3. HW Transporter fee 10-year average is $6 million annually(333.3 million lbs. of
hazardous waste transported annually at$0.018 per lb.)
4. $466,281 /$6,000,000=0.0777135
16
5. 0.0777135 X 0.018 = $0.00140 per lb. of hazardous waste transported.
6. Typical HW transporter hauling 1,000,000 lbs. of hazardous waste would pay a VID fee
of$1,400 annually.
17
ATTACHMENT B
Hazardous Waste Transporter
VID Fee Cost Estimates
ID Fee Cost Estimates
Group Functions C/P* FTE(yr) FTE(yr) Cost ($)
PERSONNEL
SURVEILLANCE & COMPLIANCE
Conduct audits @TSDFs and at transporter locations C 0.09
Vehicle safety inspections; emergency response plan C
US DOT shipping papers; hw manifest; VIDs; C
Follow up report writing C 0.01
Conduct compliance checks: attn gen, etc C 0.01
ENFORCEMENT
Inspection follow up: NONs, etc. C 0.07
Enforcement for transporters not filing EMORs C 0.30
Enforcement for transporters failing to pay MA HWT Fee C 0.02
Environmental Strike Force investigation&follow-up C 0.15 0.65 $68,632.85
PERMITTING
Inspect new transporters P 0.04 0.04 $ 4,223.56
File review of driver training P
COMPLIANCE: Technical Assistance
Conduct bi-monthly transporter subcommittee meetings C 0.14
Train transporters how to file EMORs C 0.04
Provide transporters info re proposed federal regulations C 0.05 0.23 $ 24,285.47
e.g., manifest and DOT rules
COMPLIANCE &ENFORCEMENT: Data/Reporting
Receive and track receipt of EMOR reports C 0.25
Log, validate, and load data C 0.25
Reconcile when data inadequate and/or quality issues C 0.40
Develop and maintain data systems C 0.10 1.00 $ 105,589.00
PERMITTING REVIEW&ISSUANCE: Administrative
Maintain transporter database P 0.15
Track application in PIMS database P 0.15
Conduct pennit technical reviews P 0.25
Process VID cards & stickers and mailings P 0.451 1.00 $ 105,589.00
19
Group Functions C/P* FTE(yr) FTE(yr) Cost($)
Currently: receipt and file of hard copy manifests; or, 1C 0.50
Future: Scan manifests for use in auditing EMORs/ C 0.50 0.50 $ 52,794.50
MA HWT Fee Quarterly Reports
COMPLIANCE AND ENFORCEMENT; MA HW Transp.
Fee (HWT Fee) Oversight
Collect and audit HWT fee payment C 0.10
Audit/reconcile HWT Fee Quarterly Reports using EMORs C 1.95
Reconcile EMORs using manifests C 0.05 2.10 $ 221,736.90
TOTALS
Compliance 4.48 $473,038.72
*C: Compliance assurance function Permittin 1.04 $ 109,812.56
*P: Permitting function Total FTEs: 5.52
Total Cost: $582,851.28
0.80
Total
Ad'. $466,281.02
20