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Home My WebLink AboutMiscellaneous - 77 MAIN STREET 4/30/2018 (2)w\ J r elllllll�� 0 ? o m a n C = �3 N N O m J A '(D � r 10t N 0' ~ N aao oo D 00 O ►N m M .- �, m � � Ia 5 �IIII r elllllll�� 0 ? o m a n C = �3 N N O m J A '(D � r 10t N 0' ~ N aao oo D 00 O ►N DelleChiaie, Pamela From: DelleChiaie, Pamela Sent: Tuesday, September 18, 2007 11:40 AM To: 'Dgray@nobisengineering.com' Subject: FW: Message from KMBT_600 -----Original Message ----- From: noreply@yourcopier.com [ma iIto: noreply@yourcopier.com] Sent: Tuesday, September 18, 2007 12:38 PM To: DelleChiaie, Pamela Subject: Message from KMBT_600 1 AZI SKMBT 600070918 11370.pdf ARGEO PAUL CELLUCCI Governor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION Metropolitan Boston - Northeast Regional Office J&T Auto Service Center 77 Main Street North Andover, MA 01845 Attention: John McElhiney, Sr. Dear Mr. McElhiney: N O V 141997 Re: North Andover J&T Auto Service Center 77 Main Street RTNs: 3-2402 & 3-13286 Response Action Outcome NOTICE OF AUDIT This is an important Notice - TRUDY COXE secretary DAVID B. STRUHS Commissioner Massachusetts General Law Chapter 21 E requires the Massachusetts Department of Environmental Protection (the Department) to audit response actions not directly overseen by the Department at sites of releases of oil or hazardous material to ensure that these actions are being conducted according to M.G.L. c. 21 E, the Massachusetts Contingency Plan (MCP), and other relevant laws and regulations. The MCP at 310 CMR 40.1100 establishes procedures for conducting such audits. The site referenced above has been selected by the Department for an audit. The audit will be conducted by Department staff in the Northeast Regional Office in Woburn. The audit will initially focus on a Response Action Outcome (RAO) Statement, prepared by William Simmons (Licensed Site Professional #1847) and received by the Department on May 5, 1997. Additional response actions may also be examined as appropriate. This Notice describes the scope of the audit and the type of audit activities the Department initially intends to perform. A fact sheet and flow chart that describe the audit process are also included as part of this Notice. Note that, during an audit, response actions can proceed as planned unless you are otherwise notified by the Department. 10 Commerce Way Woburn, Ma. 01801 • Phone (617) 932-7600 • Fax (617) 932-7615 • TDD # (617) 932-7679 %0 Printed on Recycled Paper North Andover - J&T Auto Service Center Notice of Audit Page 2 At the completion of this phase of the audit, the Department may: (1) issue a Notice of Audit Findings which may include a statement of violations or deficiencies and steps to correct those violations or deficiencies; (2) request a meeting with a representative of J&T Auto Service Center to discuss response actions and other supporting evidence to demonstrate compliance and then issue a Notice of Audit Findings; (3) conduct further site investigations and then issue a Notice of Audit Findings; (4) issue a Notice of Audit Findings that sets an Interim Deadline to correct violations or deficiencies or to prepare an Audit Follow-up Plan; or (5) initiate enforcement actions listed at 310 CMR 40.1140(2) if violations of M.G.L. c. 21 E or the MCP have been identified. If you have any questions regarding this Notice, please contact Hung Nguyen at (617) 932- 7600 or the letterhead address. Enclosures: Audit Fact Sheet Flow Chart cc: DEP/Woburn, Data Entry/Files North Andover Board of Health Very truly yours, Hung V. Nguyen Environmental Engineer Chief, Compliance Branch Bureau of Waste Site Cleanup Board of Selectmen, Town Hall, 120 Main Street, North Andover, MA 01845 William Simmons, Simmons Environmental Services, Inc., 213 Elm Street, Salisbury, MA 01952 27 Charles Street North Andover, MA 01845 Telephone#(978) 688-9540 Fax#(978)688-9542 Fax To: Karen Robertson, Administrative Assistant Fax: (978) 688-9556 From: Carol Pawelsld, Health Sec. Pages: 1 Phonee (978) 688.9510 Date: October 28,1998 Re: A T Auto, 77 Main Street CC: ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle • Comments: Susan Ford and I reviewed the file for J&T Auto Service Center, 77 Main Street, North Andover, MA and there are no records in the file pertaining to this incident. If you have any questions, please do not hesitate to call the Health Office. Thank you. Carol May 30, 1996 Reference #9512956 SIMMONS Environmental Services, Inc. Chairperson, Board of Health 146 Main Street North Andover, Massachusetts 01845 Dear Sir/Madam: WN OF N�Rfl ANQO R i B OAR OF H� ALTH JUN - 31996 Simmons Environmental Services, Inc. (SIMMONS) has recently submitted correspondence that will confirm that an Immediate Response Action Plait pursuant to 310 CMR 40.1400 (MDEP Release Tracking #3-2402 and #3-13286) for property at 77 Main Street, North Andover, Massachusetts. This submittal package has been filed with the Northeast Regional Office of the Massachusetts Department of Environmental Protection (1VIDEP), 10 Commerce Way, Woburn, Massachusetts 01801. Arrangements may be made to review or copy the Immediate Response Action Plan and disposal site file, which is available at the MDEP Regional Office, 10 Commerce Way, Woburn, Massachusetts at (617) 932-7600. Very truly yours, J � William A. Simmons, LSP Principal WAS:rac 375 Elm Street Salisbury, MA 01952 Telephone 508-463-6669 Fax 508-463-6679 August 1, 1996 Reference #9512956 SIMMONS Environmental Services, Inc. Chairperson, Board of Health Town of North Andover 146 Main Street 1N?%rth Andover; Massachusetts 01845 Dear Sir/Madam: Simmons Environmental Services, Inc. (SIMMONS) has recently submitted correspondence that will confirm that an Phase I Initial Site Investigation and Tier II submittal pursuant to 310 CMR 40.0500 (MDEP Release Tracking #3-2402, #3-13286 and Administrative Consent Order, dated May 23, 1996) for property at -77 Main Street; North Andover, Massachusetts. This submittal package has been filed with the Northeast Regional Office of the Massachusetts Department of Environmental Protection (MDEP), 10 Commerce Way, Woburn, Massachusetts 01801. Arrangements may be made to review or copy the Phase I Initial Site Investigation and Tier II submittal and disposal site file, which is available at the MDEP Regional Office, 10 Commerce Way, Woburn, Massachusetts at (617) 932-7600 Very tfuly yours, William A. Simmons, LSP Principal WAS:rac 375 Elm Street Salisbury, MA 01952 Telephone 508-463-6669 Fax 508-463-6679 COMMONWEALTH OF MASSACHUSETTS - EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION S METROPOLITAN BOSTON - NORTHE®F N F NORYH �iNDGVER/ BOARD OF HEALTH WILLIAM F. WELD Sly. TRUDY COXE Governor i 9 Secretary ARGEO PAUL CELLUCCI DAVID B. STRUHS Lt. Governor Commissioner CERTIFIED MAIL: RETURN RECEIPT REQUEST J & T Auto Service April 16, 1996 77 Main Street North Andover, MA 01845 Attn: John A. McElhiney RE: NORTH ANDOVER - J & T Auto 77 Main Street RTN: 3-2402 NOTICE OF COMMENCEMENT OF WORK NOTICE OF INTERIM DEADLINES THIS IS AN IMPORTANT NOTICE. FAILURE TO TAKE ADEQUATE ACTION IN RESPONSE TO THIS NOTICE COULD RESULT IN SERIOUS LEGAL CONSEQUENCES. Dear Mr. McElhiney: By. the issuance of two Notices of Responsibility dated May 4, 1988, and July 12, 1991, the Department of Environmental Protection (the Department) has informed you that it considers you a Potentially Responsible Party within the meaning of M.G.L. c.21E, section 5(a) for the above referenced disposal site, including properties at 73, 75, and 77 Main Street in North Andover, Massachusetts. You have been previously informed by DEP that an' Immediate Response Action (IRA), as defined in 310 CMR 40.0410 of the Massachusetts Contingency Plan (the MCP), is required to address the migration of gasoline from your property into the buildings at 73 and 75 Main Street. This migration constitutes a condition of "Substantial Release Migration" as defined in 310 CMR 40.0413. In several correspondence dated from June 21, 1994 to January 30, 1996, the Department outlined the IRAs that are necessary at the site, and gave you opportunities to conduct these response actions. Interim Deadlines were set for you to complete these response actions in accordance with 310 CMR 40.0167. Gasoline vapor migration is still_ occurring at 73 and 75 Main Street and you have failed to conduct the required response actions at the subject site to address this problem. 10 Commerce Way o Woburn, Massachusetts 01801 • FAX (617) 932-7615 • Telephone (617) 932-7600 • TDD # (617) 932-7679 7�� Printed on Recycled Paper raj) i! i �� NOTICE OF COMMENCEMENT OF WORK This letter provides notice to you in accordance with M.G.L. c. 21E §4 and 8 that the Department intends to conduct the necessary response actions to address the condition of Substantial Release Migration at the subject site beginning on or after April 26, 1996. The specific response actions are described later in this letter. M.G.L. c..21E, section"4, authorizes DEP to take or arrange for such response actions. M.G.L. c. 21E, section 8, specifically authorizes DEP to enter any site and areas proximate thereto at reasonable times, and upon reasonable notice, to undertake assessment, containment and removal actions pursuant to section 4 of M.G.L. c. 21E. You have been informed previously of your potential liability for the release or threat - of .release of oil and/or hazardous materials at the above -referenced site by the Notices of Responsibility ref erer_ced above, and by a Notice of Response Action ("NORA") dated June 21, 1994. If at any time you wish to assume responsibility for response actions required at the site, you may do so only with the permission of the Department after you have demonstrated that you are able and willing to conduct the necessary response actions. At a minimum, you will have to provide DEP with a signed agreement and contract with a Licensed Site Professional (LSP) and environmental clean-up contractor experienced in conducting response actions under M.G.L. c. 21E, assurance of sufficient financial resources (in the form of an escrow account, performance bond or through other means) to perform the required response actions and a strict timetable for conducting the Immediate Response Actions described in this notice and all additional response actions at this site which are necessary to achieve a "permanent solution" under the MCP. RESPONSE ACTIONS TO BE TAKEN BY THE DEPARTMENT Be advised. that the Department will initiate the response actions described below on April 26, 1996, and will initiate appropriate cost recovery and/or enforcement actions after incurring costs: Immediate Response Actions ("IRAs"), pursuant to 310 CMR 40.0410, will be conducted to assess gasoline migration on your property and to adjacent properties and to abate contaminated groundwater and/or gasoline vapor migration and intrusion into adjacent buildings. Without limitation, the IRAs will include the following: 1. A DEP contractor will be assigned to conduct a site visit and develop a scope of work for a site assessment focusing on the migration of contaminated groundwater and gasoline vapors to adjacent properties; 2. Upon approval of the work plan developed in (1) by DEP, the site assessment will be conducted which will include, but will not be limited to, thy' collection and analysis of air samples from the basements and living spaces in affected buildings, groundwater from existing monitoring wells, and/or the installation and monitoring of soil vapor probes; 3. Upon review of the assessment findings and recommended remedial actions by DEP, appropriate remedial actions will be implemented. Such actions may include, but are not limited to, the installation of basement venting systems and/or the pouring of a concrete slab or the installation of another suitable barrier in the basement of.75 Main Street to eliminate the intrusion of gasoline vapors into the building, eliminate potential exposure of occupants to contaminated soil or -water and to prevent the further infiltration of contaminated groundwater into the building. Be advised that the Department reserves the right to alter the above Immediate Response Actions and to conduct any additional response actions necessary to assess, contain and/or remove the release and/or threat of release of oil and/or hazardous materials to or from the site. YOUR CONTINUING LIABILITY AND RESPONSIBILITY Be advised that, in addition to the specific response actions mentioned in this notification, you remain responsible for conducting all additional response actions which may be necessary to complete the cleanup of this site in accordance with the MCP. You are hereby notified that the deadline for Tier Classification of the subject site is August 1, 1996. This Tier Classification Deadline is set forth as an Interim Deadline pursuant to 310 CMR 40.0167. In addition, even though DEP is intervening in this case, the Department continues to consider you potentially liable under M.G.L. c.21E for up to three (3) times all response action costs incurred by the Department related to the site, and for -damages to natural resources. Response action costs include, without limitation, the cost of direct hours spent by Department employees arranging for response actions or overseeing 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 (12%), compounded annually. To secure payment of response action costs, the Commonwealth has the authority to place a lien on all of your property within the . Commonwealth. The Commonwealth may foreclose on any such lien, or the Attorney General may bring legal action against you to recover this debt. In addition to 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-:1-iability 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. Notwithstanding this Notice of Commencement of Work, the Department reserves the right to exercise the full extent of its legal authority in order to obtain full compliance with all applicable requirements, including, but not limited to, criminal prosecution, civil action including court -imposed civil penalties; or administrative penalties assessed by the Department. If you have any questions relative to this notice, you should contact Scott Sayers at the letterhead address or.(617) 932-7600. gincerely r Richard Ch pin Regional Engineer Bureau of Waste Site Cleanup copy: Michael and Judy Buss, 47 West Shore Road, Windham, NH 03087 GeoTrans, Inc., Attn: Thomas Keefe Six Lancaster County Road, Suite 4, Harvard, MA 01451 North Andover Board of Health North Andover Fire Department DEP/BWSC/HERO Data entry/file Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection Metro Boston/Northeast Regional Office William F. Weld Governor c Trudy S. Coxe FILE Secretary, EOEA Thomas B. Powers Acting Commissioner Mr. John A. McElhiney J & T Auto Service Center 77 Main Street North Andover, MA 01845 .00T 0 71991 RE: NORTH ANDOVER - J&T Auto `7w7--Main--Street--, Release Tracking #:3-2402 CONDITIONAL APPROVAL OF IMMEDIATE RESPONSE ACTION PLAN Dear Mr.- McElhiney-;_-- -- _ _ The Department is in receipt of an Immediate Response Action Plan from you, dated August 5, 1994, indicating that you have agreed to conduct the necessary Immediate Response Actions at the above referenced location. The IRA Plan was prepared by Dr. John H. Guswa, a Licensed.Site Professional'(LSP, license number 4217) with G.eotrans, Inc.; and was submitted to the Department for approval pursuant to 310 CMR 40.0420. The purpose of this letter is to conditionally approve this IRA Plan. The Immediate Response Actions, as proposed to the Department, will consist of the following activities, designed to decrease or eliminate the potential for exposure of occupants of 75 and 73 Main Street to contaminants, and to provide sufficient site data to determine the need for further remedial actions: 1) indoor air monitoring programs within the buildings at 75 and 73 Main Street; 2) the installation of ventilation fans within the basements of these buildings; 3) tightness testing of underground storage tanks and associated piping at the J & T Auto property; 4) installation and repairing of concrete floors in the buildings at 75 and 73 Main Street, respectively, and; 5) site assessment activities, including the collection of groundwater samples from existing monitoring wells on the J & T Auto property. Conditions of Approval In accordance with the provisions of M.G.L. c. 21E, section 4, 310 CMR 40.0420, and applicable Bureau of Waste Site Cleanup (BWSC) policies, the Department hereby approves of the proposed Immediate Response Action,'subject to the following conditions: 10 Commerce Way • Woburn, Massachusetts 01801 Is FAX(617)932-7615 • Telephone (617) 932-7600 V North Andover - J&T.Auto A) This response action must be performed in a manner and to a degree which ensures the protection of human health, safety, public welfare and the environment. B) This response action must be conducted under the direct supervision of a competent professional with specific experience in site remediation/environmental engineering practice, using good engineering procedures and accepted construction practices, and must be managed, supervised, actually performed, or periodically reviewed by a Licensed Site Professional. C) The Immediate Response Action must be conducted in compliance _with_ all applicable public involvement provisions specified in. 310 CMR 40.0428. II. Site Specific Conditions Work to be conducted within buildings at the site must be conducted in compliance with state and local building codes where applicable. III. Required Submittals Pursuant to the provisions of 310 CMR 40.0410, within 120 days of the date of this letter, one of the following reports must be, received by DEP: A) An Immediate Response Action Completion Report, as specified in 310 CMR 40.0427, in cases where the proposed response actions have been completed, or; B) An Immediate Response Action Status Report, as specified in 310 CMR 40.0425, if the proposed response actions are ongoing, or; C) A Response Action Outcome Statement, as specified in 310 CMR 40.1000, in cases where the proposed response actions have eliminated significant risk at the site such that no further response actions are necessary. Reports concerning Immediate Response Actions should be addressed to DEP, Bureau of Waste Site Cleanup, Risk Reduction Section, 10 Commerce Way, Woburn, MA 01801. North Andover - J&T Auto IRA Plan Approval Page 3 _ The Department' requests that the undersigned be notified via telephone prior to the commencement of field activities. Clarification: 1988 Treatment System shutdown The IRA Plan contains background information on site conditions and the history of response actions taken at the site. In the summary of response actions taken at the site to date, the IRA Plan states that in December 1988, "DEQE authorized shutdown and removal of the (groundwater pump and treat) system", which operated at the site for a short time in 1988. Please note that according to Department personnel involved with this case at that time, and information in the case file, the shutdown and removal of the groundwater treatment system in December 1988 was not authorized by the Department. If you have any questions relative to this matter, you should contact Thomas DiPersio at the letterhead address or (617) 932- 7600. All future communications regarding this release must reference the Release Tracking Number contained in the .subject block of this letter. copy: Sincerely, Thomas P. DiPersio Environmental Engineer f Patricia M. D:ahue J Section Chief Compliance/Site Management Branch Michael and Judy Buss, 47 West Shore Road, Windham, NH 03087 Geotrans, Inc., Attn: Brewster Conant, Dr. John H. Guswa Six Lancaster County Road, Suite Four, Harvard, MA 01451 North Andover Board of Health North Andover Fire Department DEP data entry/file DEP/BWSC/Boston, Attn: Larissa Drennan William F. Weld Governor Trudy S. Secretary, EOEA EDEA Thomas B. Powers Ailing Commissloner Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection Metro Boston/Northeast Regional Office JUN 211994 URGENT LEGAL MATTER: PROMPT ACTION NECESSARY CERTIFIED MAIL: RETURN RECEIPT REQUESTED J_ & T Auto Service tr 77 Ma -in _Street7i' North Andover,'MA 01845 Attn: John A. McElhiney RE: NORTH ANDOVER - 77 Main Street Release Tracking O'C, J & T Auto #: 3-2402 NOTICE OF RESPONSE ACTION: M.G.L. c. 21E & 310 CMR 40.0000 Dear Mr. McElhiney: This letter concerns environmental conditions which are ongoing at the above referenced disposal site. The Department has recently received complaints of gasoline odors in buildings adjacent to the subject property. On May 20 and May 23, 1994, Department of Environmental Protection (Department) personnel conducted an inspection of the site, including the properties at 73 and 75 Main Street, adjacent to the subject property, where occupants have complained of gasoline odors. During the Department's inspection, gasoline odors could be detected in soil and water in the basements of the buildings. The Department personnel collected water samples from the basements of each'of the buildings at 73 and 75 Main Street, and from a well located on the above referenced property. Analyses of these water samples revealed the presence of gasoline constituents at elevated concentrations. The Department is concerned about the potential for occupants of the buildings to be exposed to contaminated soil or water,' or to vapor -phase gasoline contamination. 10 Commerce Way • Woburn, Massachusetts 01801 • FAX (617) 932-7615 9 Telephone (617) 932-7600 N. Andover - J & T Auto Service NORA Page 2 The purpose of this letter is to provide you (as used in this letter, "you" refers to J & T Auto Service) with notice that these site conditions necessitate the initiation of Immediate Response ,Actions (IRA), as defined in 310 CMR 40.0410. In correspondence dated July 12, 1991, you were informed of your potential liability for the release of gasoline at the above referenced disposal site. You are hereby informed that the Department has determined that sufficient information exists to indicate that you are a Potentially Responsible Party with respect to the contamination detected within the buildings at 73 and 75 Main Street, North Andover, adjacent to the subject property. The July 12, 1991 correspondence outlined required actions to be taken at the site, to comply with the provisions of Massachusetts General Law Chapter 21E and the Massachusetts Contingency Plan (MCP). The necessary actions were to include: a Preliminary Assessment and a Phase I - Limited Site Investigation; a determination of the impact of the release on public health and the environment, and; an evaluation of the need for Short Term Measures. A review of the Department's case file indicates that these actions were not taken. This letter provides notice to you in accordance with M.G.L. c. 21E §4 and 8 that the Department intends to conduct the necessary response actions at the subject site, unless you agree to do so in accordance with the terms and conditions of this Notice. M.G.L. c. 21E, section 4, authorizes the Department to take or arrange for such response actions. M.G.L. c. 21E, section 8, specifically authorizes the Department to enter any site and areas proximate thereto at reasonable times, and upon reasonable notice, to undertake assessment, containment and removal actions pursuant to section 4 of M.G.L. c. 21E. 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 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 (12%), compounded annually. To secure payment of this debt, the Commonwealth may place liens on all property owned by a Responsible Party. in the Commonwealth. To recover the debt, the Commonwealth may foreclose on these liens or the Attorney General may bring legal action against a Responsible Party. L" N. Andover - J & T Auto Service NORA Page 3 In addition to 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. The Department plans to conduct the following Immediate Response Actions at the site: 1. The pouring of a new concrete slab in the basement of the building at 75 Main Street, to eliminate potential exposure of occupants to contaminated soil or water, and to prevent the further. infiltration of contaminated groundwater into the building; 2. The collection and analyses of air samples from the basements and living space in each of the buildings; and an evaluation of alternatives for mitigating vapor phase contamination in the buildings, such as the implementation of basement venting systems; 3. The performance of assessment activities at the site, to better define current site conditions and evaluate the need to resume active hydraulic control and/or initiate other remedial measures. The Department will begin initiating the response actions described above unless you submit to the Department the following by August 5, 1994: An Immediate Response Action Plan, written in accordance with 310 CMR 40.b424, and including, at a minimum: plans to conduct the actions described above, and a time frame for the completion of these activities. The date and time established for this submittal is an Interim Deadline established pursuant to 310 CMR 40.0167. The Department's decision to establish one or more Interim Deadlines in accordance with 310 CMR 40.0167 is not subject to M.G.L. c. 30A or any other law governing adjudicatory proceedings. Should you fail to voluntarily undertake the required response actions and provide the Department with the required submittals by the Interim Deadline established herein, or should you provide submittals that are determined by the Department to be unacceptable, the Department will initiate these response actions and will initiate appropriate, cost recovery and/or enforcement N. Andover - J & T Auto Service NORA Page 4 actions as described above. If at any time you wish to assume responsibility for these response actions after the Department has initiated them, you may do so only with the permission of the Department. Be advised that, in addition to the specific response actions mentioned in this notification, you are responsible for conducting all additional 21E response actions which may be necessary to complete the cleanup of this site in accordance with the MCP. 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. These response action may include but are not limited to Comprehensive Response Actions and additional Immediate Response Actions. Please submit in writing to the Department, within two weeks of the date of this correspondence, your intentions with regard to compliance with the requirements outlined herein. If you have any questions relative to this notice, you should contact Thomas DiPersio at the letterhead address or (617) 935- 2160. All future communications regarding this release must reference the Release Tracking Number 3-2402. copy: Sincerely, Thomas P. DiPersio E ronmental Engi der Patricia M. Donahue Section Chief Compliance/Risk Reduction Michael and Judy Buss, 47 West North Andover Board of Health North Andover Fire Department Data entry/file DEP/BWSC/Boston, Attn: Larissa Shore Road, Windham, NH 03087 Drennan Z .* r > a v ` Daniel S. Greenbaum Commissioner (617) 935-2160 "AUG - 5 1991 RE: NO'. ANDA_ - J&T Auto Service REQUEST -FOR INFORMATION PURSUANT TO M.G.L. c. 23_E Coan Transportation Co., Inc. Freight and Petroleum Carriers 194 (REAR) West Central St. P.O. Box 181 Natick, MA 01760 To Whom It May Concern: The Massachusetts Department of Environmental Protection (the Department) is investigating the release of gasoline in April/May 1988 at J&T Auto Service, 77 Main Street, No. Andover, MA. The prevention and mitigation of such a release is governed by MGL c. 21E, the Massachusetts Oil and Hazardous Material Release Prevention and Response Act (hereinafter MGL c. 21E). Information available at the Department's Office in Woburn indicates that gasoline was delivered to J&T Auto Service by your company on April 19, 1988. On May 4, 1988, complaints of gasoline vapors by residents in the adjacent apartment building led to the discovery of a release of gasoline at the subject site. The Department is seeking information from your company, pursuant to the authority of sections 2, 4 and 8 of MGL c.21E, regarding this release. Pursuant to the Department's authority to perform information - gathering .activities under MGL c. 21E, sections 2 and 4 and its authority to investigate, sample and inspect records, conditions, equipment, practices or property under MGL c.21E section 8, you are directed to provide the Department, within thirty (30) days of your receipt of. this letter, any information in your possession or known to you relative to the April 19th, 1988 gasoline delivery and any spill or overfill that may have occured. If you are unwilling to provide the Department with information requested above, it may be necessary for the Department Original Printed on Recycled Paper Coan Transportation Page 2 to administratively ORDER its production under the authority of MGL c.21E, section 9. It is to your advantage to respond in an adequate and timely manner to this request to demonstrate that you have acted responsibly in maintaining records of your storage and transfer of any oil and/or hazardous materials. ,Response to this information request should be sent to: Mr. Hung Nguyen Department of Environmental Protection Northeast Region 5A Commonwealth Avenue Woburn, MA 01801 If you have any questions regarding this letter, please contact Hung Nguyen at the letterhead address or (617) 935-2160. Very truly yours, Hung V. Nguyen Environmental Engineer ,. �,•'� �,�,�, Girl " 0-�-.� . Step en M. Johnson Acting Chief, Site Management Branch cc: No. Andover BOH Jeff Krukonis, BWSC/Boston Mr. John A. McElhiney, J&T Auto Service, 77 Main St., No. Andover, MA 01845 07diErAIWA♦� / ' Daniel S. Greenbaum , 0/&0/ Commissioner July 12, 1991 (617) 935-2160 J&T_Auto-Se-rvice- RE: NOTICE OF RESPONSIBILITY 77 Main Street PURSUANT TO MGL CHAPTER 21E North Andover,_ MA 01845 DEP Case No. 3-2402 Attention: John A. McElhiney Dear Mr. McElhiney: Based on a review of information available from the Department of ,Environmental Protection office in Woburn, the Department has determined that a condition of soil and groundwater contamination by gasoline constituents has been documented at the subject site. Following is a Statement of Conclusions/ Statutory Liabilities, of which you have already been advised, and Requisite Site Action that must be taken to address this release of oil/hazardous materials. Statement of Conclusions/Statutory Liabilities Be advised that a condition of soil and groundwater contamination. by gasoline constitutes a "release" of oil at the site. The prevention and/or mitigation of such a release or threat of release is governed by Massachusetts General Law, Chapter 21E, the"Massachusetts Oil and Hazardous Material Release Prevention and Response Act." Chapter 21E identifies as responsible parties the current owner or operator of a site at which there has been a release or threat of release of oil or a hazardous material; the past owner or operator of a site where a release of a hazardous material has occurred; any person who directly or indirectly arranged for the transport, disposal, storage or treatment of hazardous materials to or at such a site; and any person who caused or is legally responsible for a release or a threat of release of oil or a hazardous material at such a site. Such parties are liable without regard to fault; the nature of this liability is joint and several. (M.G.L. Ch. 21E, section 5 a). , This letter is to inform you in writing that: (1) The Department has determined that a release of oil has occurred at the subject site. Original Printed on Recycled Paper Mr. McElhiney Page 2 (2) Additional investigation and assessment is needed to adequately define the impact of this release on public health and the environment and to determine what, if any, remedial/clean up measures are necessary. (3) Information available to the Department indicates that you are a liable and "responsible" party pursuant to Section 5(a) of Chapter 21E. (4) Should you fail to implement those actions deemed necessary.by._this_Office, the Department may-, pursuant. to M.G.L. Chapter 21E, take or arrange for any and all necessary actions at the site. If public funds are expended under such conditions, Chapter 21E, Section 11 stipulates that the Attorney General of the Commonwealth of Massachusetts may initiate legal action against the responsible party(s) to recover all costs incurred by the Department in the assessment, containment, and removal of any release or threat of release of oil or hazardous materials. (5) The liability of responsible parties in (4) above includes up to three times the cost of: a. _all response costs incurred by the Department due to the release/threat of release, including all contract, administrative, and personnel costs; and b. all damages for any injury to, destruction, or loss of, natural resources due to the release/threat of release. This liability constitutes a debt to the Commonwealth. The debt, together with interest, would constitute a lien on all your property in the Commonwealth. In addition to the foreclosure remedy provided by the lien, the Attorney General of the Commonwealth may recover that debt or any part of it in an action against you. You may also be liable for additional penalties or damages pursuant to other statutes or common law. Regardless of who performs the necessary work at the site, you may be liable for all the Department's response action costs. Response action costs include the cost of direct hours for work performed by Department employees in overseeing or arranging for response actions, any expenses incurred by the Department in support of those direct hours, as well as payments to the Department's- contractors (for more detail see the cost recovery regulations at 310 CMR 40.600 et sea.). Mr. McElhiney Page 3 Requisite Site Actions The following actions are necessary to comply with the provisions of MGL Chapter 21E and the MCP: (1) A Preliminary Assessment (PA) and a Phase I - Limited Site Investigation (SI) as defined in the MCP (40.541 & 40.543, respectively) must be conducted. The impact of the release on public health and the environment must be determined, and the need for any Short Term Measures must be evaluated. The results of these activities must be submitted to the Department. (2) An incident report concerning the 1988 release must be submitted to the Department. The report should include the following: a) A brief account of why, and how where such release occurred; b) A brief description of all emergency remedial actions that have been and/or will be taken relative to such release. Field screening data and/or analytical data (soil & groundwater) describing contaminant conditions at the site should be included; c) An estimate, to the best of your knowledge, of the quantity of petroleum product released and recovered; d) Laboratory results of soil/water samples taken from the "cleaned up" environmental media impacted by the release; e) A detailed description and a timetable of measures planned to prevent future recurrence of such incidents; f) Evidence or documentation proving that Coan Transportation Co. was the source of the release. Please respond in writing within 21 days of receipt of this letter indicating your intentions to comply with the provisions stated herein. A firm timetable for submission of the Phase I and the incident reports should be included in your response. If you have any --questions, contact Hung Nguyen at (617) 935-2160 or at the letterhead address. Mr. McElhiney Page 4 Very truly yours, Hung Nguyen Environmental Engineer Stephen M. Johnson Acting Section -Chief for Waste Site Cleanup SMJ/HN/ae cc: North Andover BOH DEP, BWSC, Boston Michael Bush, 47 West Shore Rd., Windham, NH 03087 Joe Jammallo, Whitman & Howard, INc., 45 William St., Wellesley, MA 02181-4050 William F. Weld Governor Trudy S. Coxe Secretary, EOEA David B. Struhs Commissioner Commonwealth of Massachusetts Executive Office of Environmental Affairs ®apartment of Environmental Protection Metro Boston/Northeast Regional Office Mr. John A. McElhiney J & T Auto. -Service Center �77 Main_Street North Andover, MA 01845 Dear Mr. McElhiney: "DEC1 .5 s99 RE: NORTH ANDOVER - J&T Auto 77 Main Street Release Tracking #:3-2402 ESTABLISHMENT OF INTERIM DEADLINES FOR IMMEDIATE RESPONSE ACTIONS This letter is in regard to the. Immediate Response Actions (IRA) you are conducting at the above referenced disposal site. An IRA Plan describing these actions, prepared by Dr. John H. Guswa, a Licensed Site Professional (LSP; license number 4217) with Geotrans, was approved by the Department in a letter dated October 7, 1994. The purpose of this letter is to establish Interim Deadlines for the completion of certain IRA tasks. The Immediate Response Actions, as proposed by you, consist of the following activities: 1) indoor air monitoring programs within the buildings at 75 and 73 Main Street; 2) the installation of ventilation fans within the basements of these buildings; 3) tightness testing of underground storage tanks and associated piping at the J & T Auto property; 4) installation and repairing of concrete floors in the buildings at 75 and 73 Main Street, respectively, and; 5) site assessment activities to better define site conditions and evaluate the need to resume active hydraulic control and/or initiate other remedial measures. These IRA are required at the site due to the potential for exposure of the residents in the buildings at 73 and 75 Main Street to petroleum compounds, released to the subsurface from your property. This condition constitutes Substantial Release Migration, as defined in 310 CMR 40.0413. The objective of the IRA is to address the Substantial Release Migration by eliminating these potential exposures, and to provide sufficient site data to determine the need for further remedial actions. 10 Commerce Way • Woburn, Massachusetts 01801 9 'FAX (617) 932-7615 • Telephone (617) 932-7600 North Andover - J&T Auto Immediate Response Actions Page 2 The need for these response actions in the residences at 73 and 75 Main Street was initially explained to you in a letter dated June 21, 1994. Subsequently, you indicated to the Department your intentions to conduct the required work. An IRA Status Report submitted by you, dated August 3, 1995, indicates that the required work has not been completed to date. Interim Deadlines The Department is requiring that the work in the residences at 73 and 75 Main Street, specifically the placement of the concrete floors, the installation of the ventilation fans, and the confirmatory indoor air sampling, be completed no later than January 26, 1996. The next required IRA Status Report, due in February, 1996 in accordance with 310 CMR 40.0425, must document the completion of this work.and contain the results.of the indoor air sample analyses. The need for, and scope of, any further necessary Immediate Response Actions will be evaluated at that time. These deadlines are being established as Interim Deadlines, pursuant to 310 CMR 40.0167. The Department's decision to establish one or more Interim Deadlines is not subject to M.G.L. c. 30A or any other law governing adjudicatory proceedings. Should you fail to undertake the required response actions by the Interim Deadlines established above, the Department will initiate these response actions and will initiate appropriate cost recovery and/or enforcement actions. Thank you for your cooperation in this matter. If you have any questions, you should contact Thomas DiPersio at the letterhead address or (617) 932-7725. /Sincerely, Thomas P. DiPersio Environmental Engineer Iris W. Davis Section Chief Permits/Risk Reduction Branch k North Andover - J&T Auto Immediate Response Actions Page 3 copy: Michael and Judy Buss, 47 West Shore Road, Windham, NH 03087 Geotrans, Inc., Attn: Brewster Conant, Dr. John H. Guswa Six Lancaster County Road, Suite Four, Harvard, MA 01451 North Andover Board of Health North Andover Fire Department DEP data entry/file WILLIAM F. WELD Governor ARGEO PAUL CELLUCCI Lt. Governor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENviRO�AL PROTECTION METROPOLITAN BOST, J&&T Auto Sales 7 Main Streett North Andver, Massachusetts 01845 Attn: John McElhiney Dear Mr. McElhiney: .01 2 � 19111 QAL OFFICE 22 �fa� RE: NORTH ANDOVER 77 Main Street RTN #3-13286 TRUDY COXE Secretary DAVID B. STRUHS Commissioner RELEASE NOTIFICATION & NOTICE OF POTENTIAL RESPONSIBILITY; MGL c. 21E & 310 CMR 40.0000 On December 22, 1995 at 10:30 a.m.; the Department received oral notification of a release/threat of release of oil/hazardous material at the subject location. The Department has reason to believe that the release/threat of release which was reported is or may be a disposal site .:as defined in the Massachusetts Contingency Plan (MCP), 310 CMR 40.0000. The Department also has reason to believe that you (as used in this letter "you" refers to J&T Auto Sales) are a Potentially Responsible. Party (PRP) with liability under Section -5A -of M.G.L. c: 21E. This liability is. "strict" meaning that it is not based on fault but solely on your'status as owner, operator, generator, transporter, disposer or other person specified in Section 5A. This liability is also "joint and several", meaning that responsible parties are liable for all response costs incurred at a disposal site even if there are other liable parties. The Department encourages parties with liabilities under M.G.L. c. 21E to take prompt action in response to releases and threats of release of oil and/or hazardous material. By taking prompt action, you may significantly lower your assessment and cleanup costs and avoid the imposition of, or reduce the amount of, certain permit and annual compliance fees for response actions payable under 310 CMR 4.00. Please refer to M.G.L. c. 21E for complete description of potential liability. GENERAL RESPONSE ACTION REQUIREMENTS The subject site shall not be deemed to have had all the necessary and required response actions taken unless and until all substantial hazards presented by the site have been eliminated and a level. of. No,Significant Risk exists or has been achieved ,in compliance with M.G.L. c. 21E and ..the MCP. In. addition, the MCP requires persons undertaking response -actions, at disposal sites to perform Immediate Response Actions (IRAs) in response to "sudden releases";-: 10 Commerce Way • Woburn, Massachusetts 01801 • FAX (617) 932-7615 • Telephone (617) 932-7600 ;� Printed on Recycled Paper J&T Auto Sales Page -2- Imminent Hazards and Substantial Release Migration. Such persons must continue to evaluate the need for IRAs and notify the Department immediately if such a need exists. You must employ or engage a Licensed Site Professional (LSP) to manage, supervise or actually perform the necessary response actions at the subject site. In addition, the MCP requires persons undertaking response actions at a disposal site to submit to the Department a Response Action Outcome Statement (RAO) prepared by an LSP in accordance with 310 CMR 40.1000 upon determining that a level of No Significant Risk already exists or has been achieved at a disposal site or portion thereof. [You may obtain a list of the names and addresses of these licensed professionals from the Board of Registration of Hazardous Waste Site Cleanup Professionals at (617) 556-1145.1 There are several other submittals. required by the MCP which are related to release notification and/or response actions that may be conducted at the subject site in addition to an RAO, that, unless otherwise specified by the Department, must be provided to DEP within specific regulatory timeframes. The submittals are as follows: (1) If information is obtained after making an oral or. written notification to indicate that the release or threat of release didn't occur, failed to meet the reporting criteria at 310 CMR 40.0311 through 40.0315, or is exempt from notification pursuant to 310 CMR 40.0317, a Notification Retraction must be submitted within 60 days of initial notification pursuant to 310 CMR 40.0335; otherwise, (2) If one has not been submitted, a Release 'Notification Form (R -NF) must be submitted to DEP pursuant to section 310 CMR 40.0333 within 60 calendar days of the initial date of oral notification to DEP of a release pursuant to 310 CMR =10.0300 or from the date the Department issues a Notice of Responsibility (NOR), whichever occurs earlier; (3) Unless an RAO is submitted earlier, an Immediate Response Action (IRA) Plan prepared in accordance with 310 CMR 40.0420, or an IRA Completion Statement (310 CMR 40.0427) must be submitted to DEP within 60 calendar days of the initial date of oral notification to DEP of a release pursuant to 310 CNIR 40.0300 or from the date the Department issues an NOR, whichever occurs earlier: and (4) 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 of oral notification to DEP of a release pursuant to 310 CMR 40.0300 or from the date the Department issues an NOR, whichever occurs earlier. J&T Auto Sales Page -3- (5) Pursuant to the Department's "Timely Action Schedule and Fee Provisions", 310 CMR 4.00, a fee of $750 must be included with an RAO statement that is submitted to the Department more than 120 calendar days after the initial date of oral notification to DEP of a release pursuant to 310 CMR 40.0300 or after the date the Department issues an NOR, whichever occurs earlier, and before Tier Classification. A fee is not required for an RAO submitted to the Department within 120 days of the date of oral notification to the Department, or the date the Department issues an NOR, whichever date occurs earlier, or after Tier Classification. It is important to note that you must dispose of any Remediation Waste generated at the subject location in accordance with 310 CMR 40.0030 including, without limitation, contaminated soil and/or debris. Any Bill of Lading accompanying such waste must bear the seal and signature of an LSP or, if the response action is performed under the direct supervision of the Department, the signature of an authorized representative of the Department. If you have any questions relative to this notice, you should contact Thomas DiPersio at the letterhead address or (617) 932-7600. All future communications regarding this release must reference the Release Tracking Number (RTN #3-13286) contained in the subject block of this letter. Sincerely, Iris W. Davis Section Chief . Permits/Risk Reduction ID/Td/kc cc: Fire Dept., 124 Main St., N. Andover. MA 01845 Board of Health, Town Bldg., N. Andover, MA 01845 DEP data entry/file Attachment: Release Notification & Notification Retraction Form; BWSC - 103 4 William F. Weld Governor Trudy S. Coxe Secretary, EOEA David B. Struhs Commissioner Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection Metro Boston/Northeast Regional Office ,JAN 8U, r. Mr. John A. McElhiney J & T Auto Service Center 77 Main Street North Andover, MA 01845 RE: NORTH ANDOVER - 77 Main Street Release Tracking J&T Auto #:3-2402 IMMEDIATE RESPONSE ACTIONS Dear Mr. McElhiney: BOARD OF HEALTH FE - 61996 1 This letter is in regard to the Immediate Response Actions (IRA) you are conducting at the above referenced disposal site. On December 15, 1995 a letter was issued to you that established an Interim Deadline of January 26, 1996 to complete certain tasks under the IRA. As you know, these tasks are necessary to prevent exposures of nearby building occupants to contaminated soil and groundwater. On January 23, 1996 Mr. Thomas Keefe of GeoTrans contacted me on your behalf to inform me that the work had not commenced. Mr. Keefe requested an extension of the Interim Deadline, indicating that you intend to conduct the required work, but financing and logistical problems have delayed the project. I requested that a schedule for the completion of the work be submitted by the January 26 deadline. The following schedule was received: Construction - February 20-27; Air Sampling and Analysis - March 4-25; IRA Status Report - March 29, 1996. Mr. Keefe indicated that you would complete the tasks according to this schedule. Please note that this letter does not constitute an extension to the Interim Deadline established in the December 15 letter. However, since you have indicated your intention to complete the necessary work according to the schedule outlined above, enforcement actions will not be pursued unless the following timeframes are not met: 10 Commerce Way • Woburn, Massachusetts 01801 0 FAX • Telephone I North Andover - J&T Auto Immediate Response Actions Page 2 Construction activities must commence by February 20, 1996; Air Sampling must commence by March 4, 1996, and; The IRA Status Report must be received by March 29, 1996. If you have any questions, you should contact Thomas DiPersio at the letterhead address or (617) 932-7725. copy: Sincerely, K�" A � Thomas P. DiPersio jEnviionmental Engineer Iris W. Davis Section Chief Permits/Risk Reduction Branch Michael and Judy Buss, 47 West Shore Road, Windham, NH 03087 Geotrans, Inc., Attn: Brewster Conant, Dr. John H. Guswa Six Lancaster County Road, Suite Four, Harvard, MA 01451 North Andover Board of Health North Andover Fire Department DEP data entry/file Robert J. Halpin Town Manager TOWN OF NORTH ANDOVER OFFICE OF TOWN MANAGER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 MEMORANDUM TO: Joyce Bradshaw, Town Clerk William Dolan, Fire Chief Richard Stanley, Police Chief Sandy Starr, Board of Health \/ Robert Nicetta, Building Inspector FROM: Karen Robertson, Administrative Assistant. DATE:. October 27, 1998 RE: J & T Auto Service Center, 77 Main Street Hazardous Spill Telephone (978) 688-9510 FAX (978) 688-9556 Enclosed please find a Subpoena received in this office today regarding J & T Auto Service Center, 77 Main Street. Please provide us with copies of your records pertaining to the attached request for information. In order to meet the time requirements, I will need to receive this information immediately. Thank you. Enclosure 14/26!98 MON 12:17 FU 1 617 523 8652 1--SSERY GILLIS & GUINEY (�jU10 The Commonwealth of Massachusetts ESSEX ............................................................. Ss. To....T.......own ... of North Andover ...................................................................... ............................................................................................ Municipsl.Building............................................... .....................................................................................120..Main Street...................:........ .................. ........... ............................ ........ North Andover, MA. 01845 .. .................. greetings. You are hereby commanded, in the name of The Commonwealth of Massachusetts, to appear before the.............Superzor........................................... ..Rf._Essex County - ----- .....: Court . .......... holden at 34 - Federal. Street :..Salem within and for the counr; of ....Essex: ....................................................... onthe . 2nd ................................................ ................. day of ..Nov.ember..........................:.................. at 9:00... o'clock in the . 9:00a. m. .•••••••••••••••••••••••....................................... fit,. and from day to day tharPfntor ri»!il rha nrfin» hereinafter named is heard by said Court, to give evidence of what you know relating to an action of then and there to be heard and tried between....................................................... ...... Michael Buss .......... ....................... ...................... ............................................................. Plaintiff , and John A. McElhiney, d/b/a J&T Auto Service and Coan Transportation Co. ,,_Inc.pefendcutts, and ............ ................................................................................................ ....................... ..... you are further required to bring with you .. a11- documents _ including, , but . not limited to; nates r....... .... ........................................... statements, proposals, contracts, invoices, proofs of .payment, corres�ondences,..reports,..... .................................................................................................. ......................... and environmental. test, results.. pertaining,. to, any, work, performed, b� you or on your, behalf .at ........... .......... .... .. .... .... .................... .... .... ....... or in relation to 77 Main Street, North Andover, Massachusetts or on behalf ofJ&T Auto ........... .......................................................................................................................................... ....................... Service Center.. ............................................................................. .......... ....................................................................... .*IN LIEU OF APPEARANCE.YOU MAY PRODUCE THE'DOCUMENTS REQUESTED ABOVE TO ............................................................................................................................................................................. .,.WILLIAM D. GILLIS, JR. OF MASSERY, GILLIS & GUINEY, 101 MERRIMAC STREET, .................................................................................................................................................................... .................BOSTON,..MA_.02214.ON..OR,.BEFORE..MONDAY,..NOVEMBER.2., 1998:.................................................. ...... .... ... ...... ... ....... .... Hereof fail not, as you will answer your default under the pains and penalties in the law in that. behalf made and provided Dated at , BOSTON...................... .r ....................................... the ......... 26t............... day of .. OCTOBER..................... A.D. I5 .......... n WILLIALM D. GILLIS, J4 Masser -7, Gillis & Gu ne`.., Boston, Mk 02141-14 ('617 .'.. <: ..:t...�: �'......................... FF.. ft'2"- �E. .a �� . i : Ncary PabUc -farce of the ?:= Norar-" Pubi.-L% 2 COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION Metropolitan Boston - Northeast Regional Office ARGEO PAUL CELLUCCI Governor ° . , ;. TRUDY COXE �..- Secretary DAVID B. STRUHS Ju� 1 V. 1998 Commissioner 'CERTIFIED MAIL �/ •J •J `RETURN RECEIPT REQUESTED J&T Auto Service Center 'Re: North Andover 77 Main Street J&T Auto Service Center North Andover, MA 01845 _ 77 Mam Street RTN9 ,4 322401&3'0286' RESPONSSE,ACTION OUTCOME Attention John McElhiney, Sr. NOTICE OF AUDIT FINDINGS INTERIM' DEADLINE rQt�.� This is an important Notice. JUN Z 4 Promptly respond to any requests contained herein. Failure to respond to any such requests could result in - serious legal consequences. Dear Mr. McElhiney: On -November 14, 1997, the Massachusetts Department of -Environmental Protection (the Department) issued a Notice of Audit for a Response Action Outcome (RAO) Statement filed for the subject site: The RAO Statement was prepared by William Simmons (Licensed Site Professional #1847) and was received by the Department on May 5, 1997. This Notice informs you ----=of-the-results-of-the-Department's audit.---- - - — - - DEP REQUESTS ADDITIONAL RESPONSE ACTIONS The Department has found deficiencies of the requirements of the .Massachusetts Contingency_ Plan _(MCP).in the actions audited -- The -attached Site, Memorandum (Attachment A) describes activities Department personnel performed during the audit, summarizes relevant site information and lists the deficiencies that need to be addressed. The Department requests 205a Lowell St., Wilmington, MA 01887 + Phone (978) 661-7600 • Fax (978) 661-7615• TDD # (978) 661-7679 ' ��a Printed on Recycled Paper , North Andover - J&T Auto Service Center Notice of Audit Findings Page 2 that you take the following actions to address the deficiencies and to achieve or confirm compliance with the MCP::, • Re -sample groundwater -in "key" monitoring wells.during July 1,998 to confirm thafthere is no continuing source of contamination at the site and that contaminant concentrations remaining in groundwatgr'at the site are,below applicable standards. Based ...upon�the results.: of the sampling; determine the -need for additional response actions and revise the risk assessment and Response Action Outcome Statement, as appropriate. DEADLINE FOR RETURNING TO COMPLIANCE You do not need further -Department approval to take the actions the Departmei.0- has specified. However, to avoid enforcement actions, you must respond in writing to the Department within 30 days of the date of this Notice, indicating your intention to conduct the. t , required actions and thea dates�by4'wYuch youanticipate completing these actions - This deadluiel is considered an Interim Deadline pursuant to 310 CMR 40.0167. DO NOT IGNORE,THIS NOTICE. ,Failureto correct the. deficiencies identified and provide documentation of such`action to the Department may subject you and your officers .to enforcement action by the Department. The,Department may conduct a follow-up audit to determine whether the required actions have been taken. If the Department finds that the deficiencies have not been corrected, then the Department may issue a Notice of Noncompliance. (NON), Notice of Intent to Assess a Civil Administrative Penalty (PAN), administrative' enforcement order, Notice of Responsibility (NOR), Notice of Intent to take Response Action (NORA), Administrative Consent Order, Unilateral Order, or seek a Judicial Judgment as appropriate. You may also be.subject to cost recovery under 310 CMR 40.1200 for. failure to perform response actions at the disposal site. _ ILICENSED SITE PROFESSIONAL A copy of this Notice has been sent to Mr. William Simmons, the Licensed Site Professional (LSP) for the Response Action Outcome for your disposal site. You may consult with the LSP when preparing a response to this Notice. Note, however, that you, not your-LSP9 -- are obligated to respond to this ,Notice and remedy the deficiencies. Note that any submittals. to the Department made in response to this Notice must include the certification provided in Attachment B signed by an authorized individual as specified in 310 CMR 40.0009. ' LIMITATIONS The Department relies upon the accuracy of the information reviewed during the Audit to. make these findings. These findings do not: (1) apply to actions or other aspects of the site that were not reviewed in the Audit, (2) preclude. future audits of past, current, or -future actions at the site, (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 law, regulation, or requirement, or (4) limit the Department's authority to take or arrange, or to require any Responsible Party or Potentially North Andover - J&T Auto Service Center Page'84 Notice of Audit Findings 4i'! .:"t Responsible Party to perform any response action authorized by M.G.L. c. 2 1 E which the,'; Department deems necessary to protect health, safety, public welfare or the environmeni-',,, :411 "'j" II If you have any questions regarding thisNotice, please contact Hung Nguyen at letterhead address or telephone (978) 661-7600. Please reference the Release Tracking many correspondence regarding the site., Very truly yours, "I q Hung V. Nguyen Envirqn.-nental Engineer Attachments: A. Site Memorandum B. Certification of Submittal 'i i�lw. - * P 'a cia M.lon ue 4 Chief,: Compliance Branch Bureau of Waste Site Cie anup- 2; AY S cc: DEP/Wilimgton, Data Entry/Files/NAFDFF (w/attachment) DEP/Wilmington/BWSO� John Fitzgerald (w/attachment) DEP/BWSC/Boston/5th fl, c/o Maria Pinaud (w/attachment) Board of Health, Town Hall, 120 Main St., North.Andover, MA 01845 Board of Selectmen, Town Hall, 120 Main St., North Andover, MA 01845 William Simmons, Simmons Environmental, Services, Inc., 213 Elm Street, Salisbury, MA 01952r. Nhchael-and-Jud.y-Buss,.-47-W-est.Shore-Rd.',-W-indharn,-NH 03087-2115 October 30, 1998 Reference #980627 SIMMONS Environmental Services, Inc. Sandra Starr, Health Inspector Town of North Andover, Board of Health 146 Main Street North Andover, Massachusetts 01845 RE: RTN 3-2402 and 3-13286 77 Main Street North Andover, Massachusetts Dear Ms. Starr: �HANO PL IN T�3 Simmons Environmental Services, Inc. (SIMMONS) has recently submitted correspondence that will confirm that a revised Class A-2 Response Action Outcome (RAO) Statement has been completed for the subject property at 77 Main Street, North Andover, Massachusetts. This submittal package has been filed with the Northeast Regional Office of the MDEP, 205A Lowell Street, Wilmington, Massachusetts 01887. Arrangements may be made to review or copy the RAO Statement and disposal site file, which is available at the MDEP Regional Office, 205A. Lowell Street, Wilmington, Massachusetts, by calling (978) 661-7600. Very truly yours, t: William A. Simmons Licensed Site Professional WAS:rac 213 Elm Street Salisbury, MA 01952 New Area Code (978) Telephone 508-463-6669 Fax 508-463-6679 10127/98 18:04 FAX 508 6889556 NORTH ANDOVER 1@001 TOWN OF NORTH ANDOVER Town Manager's Office 120 Main Street North Andover, MA 01845 Fax Cover Sheet DATE: October 27, 1998 TO: SANDY STARR BOARD OF HEALTH FROM: Karen Robertson Administrative Asst. Number of pages including cover sheet: 3 TIME: 5:08 PM FAX: 686.9542 PHONE (508) 686-9510 FAX: (508) 688-9556 10/27/98 18:04 FAX 508 6889556 NORTH ANDOVER TONIN OF NORTH ANDOVER OFFICE OF TOWN MANAGER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 µQRTk Robert J. Halpin °t�.•a ,��k Town. Manager ►. p . i • "oma �' i COW WMQRANDUM TO: Joyce Bradshaw, Town Clerk William Dotan, Fire Chief Richard Stanley, Police Chief Sandy Starr, Board of Health Robert Nicetta, Building Inspector FROM: Karen Robertson, Administrative Assistant DATE: October 27, 1998 RE: J & T Auto Service Center, 77 Main Street Hazardous Spilt 0002 Telephone (978) 688-9510 FAX (978) 688-9556 Enclosed please find a Subpoena received in this office today regarding J & T Auto Service Center, 77 Main Street_ Please provide us with copies of your records pertaining to the attached request for information. In order to meet the time requirements, I will need to receive this information immediately. Thank you. Enclosure 10/27/98 18:04 FAX 308 6889556 - NORTH ANDOVER 0003 10/26`98 MON 12:17 F -3X 1 917 523 8052 3USSERY GILLIS & GUM 20.10 The Commonwealth of Massachusetts ESSEX ...........................I.... ............ ..........................I..................I........... S'V. TO ............................................................................................ Building ........ ............. I ........................................ ... ...... ......................................... I ............. % ....... 0 ...................... Straer. ........................................................ ......... North Andover, 14A 01845. I ............................... I ...................... grFeangs. You are hereby commanded, in the name of The Commonwealth OfMasxachuseU, 10- appear before the ..............................."I... SuPerior pear .............. .......... !.... Corot ...0fAsocz. .... ........ ........ ................. ; ............. holden a: 34.Federal Street. Salem .......... ...... Widdn andfor the counr of ....Essex. .•........-----,-•--•----.................., itd on the ....... 4 ..................................................................... '.. day of..'November..........,.............. ..................... at 900 .................. O'Cloc*in ..................«............ and from d* to do thereafter, until the action hVeblafter named is heard by said Court; to give evidence of what yore know re laziV to an- action Of MMuSAIn... and there W be heard and tried between ................. . ....... . ......... . ................ .•....»............................. ........................................................ .. Michael. Buss . ........... . ...................... Plainriff and John A. MeMbill d/b/a JhT Auto Service aud I Coen trans- and YOU are further required to britt gwtho&U documenta 4E�l!g!in but n0tjimi ed toy, notes. statements,....... .statements, proofs of ....... ..rp- arts and auvi* 2.0 ......... romental tp-sr ragults udrtsiuinx t ..................... 0 k parforwd.�y . ... .. yyqpr onjour behalf at or in relation to 77 Nain Street, North ......................... ....... & .................. I ......... a ....... WA98achusects or on beha .... I ........... . ......... I ...... 81f of J&T-Auto Service Center. ........ ..................... I ...... ................................... 664*6's ............ 0.0 ......... 0 ............ . . ......... * ...................... I ......................... 0 .................. LIEU. 07AppEARANCE. . yoU . MAy . pRODUCE . THE.DOCR��QUESTED ABOVE To . ........... . ....... *." ...... got ............... ................. WILLIAM D' RUM JR- OF MASSERY, GILLIS alllM, jol- ... ................. . ... ................ . ....... . . ... .............. ........ SOSTON.,'14A 02114. ON OR BEFORE MONDAY, ...... . ... ........ 11 ...................... 0.0 ................... * ..... 19. ..2'...1998' . ........... ......... Hereof fail nOtt as YOU will answeryour default zmder the pains and penalties in alae law in dl& behalf made and provided JD4W at ......aosrox 26th ................ ............ ............ the ....................... ........ day of., OCTOBE11 A.D.7 19.....!!L - WILLIAM D. &Jtt IS MAS-S'ery' Gillis & culney ' �IUZL I 4A ................... 10'1 Marrimac Street Notary Public NUMU ftbUc - Insde. of t1� Peace �_et My COMMISSION MUES DEC. I, 2000 02124 r1.171;11 -111C