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HomeMy WebLinkAboutMiscellaneous - 730 BOXFORD STREET 4/30/2018 (4)o �' �� �; 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 L.(� ' %AORTH Of ,"LSD 6q/`I 1 0 n PUBLIC HEALTH DEPARTMENT Community 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 µg/1, 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/l 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 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com 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. you, ti Susan Sawyer, REHS/RS 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 978.688.9540 Fax 978.688.8476 Web www.townofnorthondover.com lk- DEV -AL L. PATRICK Governor TIMOTHY P. MURRAY Lieutenant Governor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION NORTHEAST REGIONAL OFFICE 205B Lowell Street, Wilmington, MA 01887 • (978) 694-3200 Peter and Kerry Breen 770 Boxford Street North Andover, MA 01845 February 27, 2008 RE: North Andover 770 Boxford Street RTN: 3-27511 IAN A. BOWLES Secretary LAURIE BURT Commissioner NOTICE OF RESPONSIBILITY NOTICE OF NEED TO CONDUCT IMMEDIATE RESPONSE ACTION PER M.G.L. c.21E & 310 CMR 40.0000, 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 Plan, 310 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. http://www.mass.gov/dep • Fax (978) 694-3499 10 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. 21 E, § 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, MassDEP is authorized by M.G.L. c. 21 E 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 maybe imposed under M.G.L. c. 21 A, § 16 for each violation of M.G.L. c. 21E, 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. 21 E 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@townofnorthandover.com lo VIP IQcon aQll • -' In ,v�,V 0 I901CI Qr (f C1 OJ - ID?LOrin�. A. Faclll,ty Inr.orm��lor� I•-���,�� •"4 fit- �, rl���,i �,�7'i�r4viJ•'Y'l��'1��'�'��I'Ji �;'� r �E}��li, ;r'�VdJYaJ d UJnI ran buVon! 8 e4Ord' /12-0 , ie of P�mDln9. C-1' C8>>9001{�) $+jpl!c Ten. Q •'�'nluijj'�nll'1�'��n�ui,li}'yll'j�\' Py'mpfd,BYr'' • � ��' �, 11 �%r„� ,, 1rY �j1 lYf U 1) rl ti�''� r .:,, ',� , w er! oopl6n►a,�Q/o Ol�po$gv: /Yl,�r'�r,�J�,rY'' ma� �'1'��!,/I �' $gni„�vi olNiv41 f��rlr;l,•',,..,� , ^ ,. , �•9orldeA'ri'�ilerlippro ilylb(orm�,r,:m,o�n� ''� `, 'JS! /d. II ye), „e1 I! C'00n0Q7 .1-7 Tf s YltlIq!'Jc4nill) rr Mo CMR 10.99 Form 8 Commonwealth of Massachusetts JOYC�i?.,;. TOWN NORTH tj ¢� 3 j� 3 DEP File No. 242— 477 (To oe prowaed by DEP) Cityiown 'North Andover Aooucant Robert C. Daley; P.E. Merrimack Engineering Services Lot 2, 730 Boxford Street Certificate of Compliance Massachusetts Wetlands Protection Act, C.L. c. 131, §40 From North Andover Conservation Commission Issuing Authority Robert C. Daley, P.E. 66 Park Street To Merrimack Engineering ServirAc Andover MA 01810 (Name) (Address) Date of Issuance November 1, 1995 This Certilicate is issued for work regulated by an Order of Conditions issued to Frank Buco dated,_ Oct. 28, 1988and issued by the NAC )gj It is hereby certified that the work regulated by the above -referenced Order of Conditions has been satisfactorily completed. 2. ❑ It is hereby certified that only the following portions of the work redu!ated by the above -refer- enced Order of Conditions have been satisfactorily completed: (If the Certificate of Compliance does not include the entire project, specify what portions are included.) ❑ - It is nereby certified that the work regulated by the above -referenced Order of Conditions was never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future worx subject to regulation unoer the Act may be commenced without filing a new Nonce of Intent anc receiving a new Order of Conditions. ..................................................................................................................................................... (Leave Soace Blank) I.