HomeMy WebLinkAboutMiscellaneous - 725 BOXFORD STREET 4/30/2018 (4)'Y
DelleChiaie, Pamela
From: Sawyer, Susan
Sent: Monday, November 26, 2007 10:04 AM
To: DelleChiaie, Pamela
Subject: pls mail the MTBE letter to ...
According to the GIS
Addresses within 1/8 of a mile of 742 Boxford St.
754 Boxford St - David Hart
729 Boxford St - Jeffery Simmons
725 Boxford St - John Glasko
730 Boxford St - Brian Volke
770 Boxford St - Peter Breen
115 Ogunquit Rd. — Peter Breen
This is the current recommended radius
Susan Sawyer, REHS/RS
Public Health Director
978 688-9540
11/26/2007
Page 1 of 1
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PUBLIC HEALTH DEPARTMENT
(ommunity Development Division
November 26, 2007
Dear Homeowner,
This correspondence is an advisory from the North Andover Health Department. Please take note
if you currently have a private well on your property that provides your home with drinking
water.
On October 05, 2007, residents at 742 Boxford Street reported odors in their drinking water and
elected to have their well water tested by a private laboratory. On October 20, 2007, this office
received a laboratory report from the testing, which identified methyl(t)butylether (MTBE) and
benzene in the drinking water at concentrations of 240 micrograms per liter (µg/1) and 0.80 µg11,
respectively. MTBE and benzene are common chemicals associated with gasoline. The
Massachusetts Department of Environmental Protection (MassDEP) has established a drinking
water standard of 70 µg/1 for MTBE and 5.0 µg/1 for benzene. MTBE reported from the October
5, 2007 sampling event was above MassDEP's standard of 70 ug/l.
In response to the discovery of this drinking water contamination, the health Department
contacted MassDEP and accepted an offer to have MassDEP collect and test additional drinking
water samples. On November 9, 2007, MassDEP collected another drinking water sample from
742 Boxford Street. An initial screening of this sample found 320 ug/1 MTBE and 6.5 ug/1
benzene, thereby confirming the earlier sampling results. This sample was forwarded to the Wall
Experiment 'Station 'State Laboratory for analysis. When the State Laboratory results are
available, they will be communicated to the homeowner as soon as possible. MassDEP will
continue to investigate this matter and work towards identifying the source of the contamination.
Per MassDEP's recommendation, the Health Department is now sending this information to you,
due to your proximity to 742 Boxford Street. Please note that both MassDEP and the Health
Department are recommending that you have your well water tested for MTBE, benzene, and
other volatile organic compounds associated with gasoline by either a private laboratory or by
MassDEP. If you elect to have your well water tested by MassDEP, MassDEP will request that
you provide them with either verbal or written permission allowing them onto your property to
conduct the water testing. They will also request that you provide to them, to the extent possible,
any information you have regarding the depth of your well and any home treatment and/or
1600 Osgood Street, North Andover, Massachusetts 01845
Phone 918.688.9540 Fax 918.688.8416 Web www.townofnorthandover.rom
s purification system that may be in use. The water test being offered by MassDEP is at no cost to
' the home owner.
If you chose to have MassDEP conduct your water testing, please contact Larry Immerman,
Environmental Analyst at MassDEP, at (978) 694-3347 at your earliest convenience to set a
time. Finally, a fact sheet on MTBE has been included with this notice.
Th you,
1�w _
Susan Sawyer, REHS/RSS
Public Health Director
Cc: Mark Rees, Town Manager
Board of Health Members
Boxford Health Department
MassDEP
Encl. Fact Sheet
1600 Osgood Street, North Andover, Massachusetts 01845
Phone 918.688.9540 Fax 918.688.8416 Web www.townofnorthandover.com
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NORTHEAST REGIONAL OFFICE
205B Lowell Street, Wilmington, MA 01887 e (978) 694-3200
DEVAL L. PATRICK IAN A. BOWLES
Governor
Secretary
TIMOTHY P. MURRAY LAURIE BURT
Lieutenant Governor Commissioner
February 27, 2008
Peter and Kerry Breen
770 Boxford Street
North Andover, MA 01845
RE: North Andover
770 Boxford Street
RTN: 3-27511
NOTICE OF RESPONSIBILITY
NOTICE OF NEED TO CONDUCT IMIVIEDIATE RESPONSE ACTION
PER M.G.L. c.21E & 310 CMR 40.00009 the MCP
THIS IS AN IMPORTANT NOTICE. FAILURE TO TAKE ADEQUATE ACTION IN
RESPONSE TO THIS NOTICE COULD RESULT IN SERIOUS LEGAL CONSEQUENCES.
Dear Mr. and Mrs. Breen:
The Massachusetts Department of Environmental Protection (MassDEP) has. received
information that indicate a release of hazardous materials occurred at 770 Boxford Street (the
subject property). Testing of groundwater from downgradient sampling wells and drinking water
wells detected the presence of benzene and methyl -tertiary butyl ether (MTBE) (see attachments).
These findings indicate a likely release from a gasoline underground storage tank formerly used on
the subject property.
Based on this information, MassDEP hereby issues you a Notice of Responsibility. Please
note that exposure to residents associated with drinking water contamination at 730 and 742
Boxford Street has been addressed. The home owners have installed carbon filtration units on their
drinking water well supply lines.
NOTICE OF RESPONSIBILITY
As described above, MassDEP believes that 770 Boxford Street or portion(s) thereof is A
disposal site as defined in the Massachusetts Oil and Hazardous Material. Release Prevention and
Response Act, M.G.L. c. 21E, and the Massachusetts Contingency Plar, 3`10 CMR 40.0000 (the
This information is available in alternate format. Call Donald M. Gomes, ADA Coordinator at 617-556-1057. TDD Service 1-978-694-3492.
bttp://www.mass.gov/dep • Fax (978) 694-3499
Ca Printed on Recycled Paper
North Andover, 770 Boxford Street, RTN 3-27511 Page 2
Notice of Responsibility
MCP). The assessment and cleanup of disposal sites is governed by M.G.L. c. 21E and the MCP.
This release requires one or more response actions.
The purpose of this notice is to inform you of your legal responsibilities under state law for
assessing and/or remediating the subject release. For purposes of this notice, the terms and phrases
used herein shall have the meaning ascribed to them by the MCP unless the text clearly indicates
otherwise.
STATUTORY LIABILITIES
MassDEP has reason to believe that you 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
maybe 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,
MassDEP 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 MassDEP and its
contractors in performing these actions, and 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 MassDEP.
Response action costs include, without limitation, the cost of direct hours spent by MassDEP
employees arranging for response actions or overseeing work performed by persons other than
MassDEP or their contractors, expenses incurred by MassDEP in support of those direct hours, and
payments to MassDEP's contractors. (For more detail on cost liability, see 310 CMR 40.1200.)
MassDEP may also assess interest on costs incurred at the rate of twelve percent (12%),
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.
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.
21 E, the MCP, or any order, permit or approval issued thereunder.
North Andover, 770 Boxford Street, RTN 3-27511 Page 3
Notice of Responsibility
NECESSARY RESPONSE ACTIONS
You must employ or engage a Licensed Site Professional (LSP) to manage,
supervise or actually perform the necessary response actions at the subject site. You may obtain a
list of the names and addresses of the licensed professionals from the Board of Registration of
Hazardous Waste Site Cleanup Professionals (Telephone: 617-556-1091).
If one has not been submitted, a Release Notification Form (RNF) must be submitted to
MassDEP pursuant to section 310 CMR 40.0333 within 60 calendar days of the initial date of oral
notification to MassDEP of a release pursuant to 310 CMR 40.0300 or from the date the MassDEP
issues a Notice of Responsibility (NOR), whichever occurs earlier.
Initial site investigation activities in accordance with 310 CMR 40.0405 are necessary.
Unless a Response Action Outcome Statement (RAO) or Downgradient Property Status
Submittal (DPS) is submitted earlier, a completed Tier Classification Submittal pursuant to 310
CMR 40.05 10, and, if appropriate, a completed Tier I Permit Application pursuant to 310 CMR
40.0700, must be submitted to MassDEP within one year of the initial date notice of a release is
provided to MassDEP pursuant to 310 CMR 40.0300 or from the date MassDEP issues a Notice
of Responsibility (NOR), whichever occurs earlier.
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
MassDEP immediately if such a need exists. If Imminent Hazard conditions are identified at the
site, you must notify MassDEP within two hours and seek approval to perform an Immediate
Response Action (IRA) to abate the Imminent Hazard. Furthermore, an Imminent Hazard
Evaluation Form must be submitted to MassDEP if Imminent Hazard condition(s) exist.
The MCP requires persons undertaking response actions at a disposal site or portion thereof
to submit to MassDEP 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 (Class A & B Permanent Solution RAOs) or that no Substantial Hazards
exist (Class C Temporary Solution RAOs). The subject site shall not be deemed to have had all the
necessary and required response actions taken unless and until a level of No Significant Risk exists
or has been achieved in compliance with M.G.L. c. 21E and the MCP.
Pursuant to MassDEP's "Timely Action Schedule and Fee Provisions", 310 CMR 4.00, a fee
of $750 must be included with an RAO statement that is submitted more than 120 calendar days
after the initial date of oral notification to MassDEP of a release pursuant to 310 CMR 40.0300 or
after the date MassDEP issues an NOR, whichever occurs earlier, and before Tier Classification. A
fee is not required for an RAO submitted to MassDEP within 120 days of the date of oral
notification to MassDEP, or the date MassDEP issues an NOR, whichever date occurs earlier, or
after Tier Classification.
It is important to note that you must dispose of any Remediation Waste generated at the
subject location in accordance with 310 CMR 40.0030 including, without limitation,
contaminated soil and/or debris. Any Bill of Lading accompanying such waste must bear the
seal and signature of an LSP or, if the response action is performed under the direct supervision
of MassDEP, the signature of an authorized representative of MassDEP.
North Andover, 770 Boxford Street, RTN 3-27511
Notice of Responsibility
Page 4
MassDEP encourages parties with liabilities under M.G.L. c. 21E to take prompt action in
response to releases and threats of release of oil and/or hazardous material. By taking prompt action,
you may significantly lower your assessment and cleanup costs and avoid the imposition of, or
reduce the amount of, certain permit and annual compliance fees for response actions payable under
310 CMR 4.00.
If you have any. questions relative to this notice, you should contact Andrew Friedmann at
the letterhead address or (978) 694-3217. All future communications regarding this release must
reference the Release Tracking Number (RTN 3-27511) contained in the subject block of this letter.
Sincerely,
Andrew Friedmann, Ph.D. John F. Miano, Jr.
Environmental Analyst, Site Management Branch Chief, Site Management
BWSC, NERO BWSC, NERO
cc: DEP Data Entry/File (NOR/ISSUED), (C&E/INTLET)
cce: Susan Sawyer, Public Health Director, North Andover, ssawyer@townofaorthandover.com
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