HomeMy WebLinkAboutOil Spill - Correspondence - 216 FOSTER STREET 12/14/2023 Harbor
Clean Harbors
42 Longwater Drive
P.O.Box 9149
Norwell,MA 02061-9149
781.792.5000
800.282.0058
www.cleanharbors.com
December 14,2023
Town of North Andover, Select Board and Board of Health
North Andover,
Massachusetts,01845
Re: Tier Reclassification,Hilton Family Oil, Inc.
Oil Spill near 216 Foster Street
North Andover, Massachusetts, 01845
MassDIP Release Tracking No. 3-37288
Dear Sir/Madam:
On behalf of Hilton Oil, Clean Harbors is submitting this Site Tier 1 classification for RTN 43-37288. An oil spill
occurred on January 24, 2022. MassDEP subsequently assigned Release Tracking Numbers (RTN 3-37288) to the
release.A site locus map is attached as Figure 1;while pertinent site features are depicted on the site sketch attached
as Figure 2. CHES submitted a Phase I report via e-DEP on January 31,2023 and classified the site as Tier II. This
classification was in error. At the time of the initial Tier Classification an Immediate Response Action (IRA) was
ongoing mandating a Tier I classification.A Tier re-classification has been filed via e-DEP.
Information obtained to date and presented above indicates the appropriateness of reclassifying the Site from Tier II
to Tier I.Any MassDEP Bureau of Waste Site Clean-up regulatory case that has not been"closed"within one year of
notification must be classified either as a "Tier I" or "Tier II" disposal site. MassDEP relies upon Site Tier
Classification to determine what level of oversight they need to perform on future response actions. The Tier I criteria
are as follows:
Tier I Criteria. Any disposal Site which meets the following criteria at the time of Tier Classification shall be classified
as Tier I:
(a) there is evidence of groundwater contamination with oil and/or hazardous material at concentrations
equal to or exceeding the applicable RCGW-1 Reportable Concentration set forth in the MCP and
such groundwater is located within an Interim Wellhead Protection Area,Zone II,or within 500 feet
of a Private Water Supply Well.
(b) an Imminent Hazard is present.
(c) one or more remedial actions are required as part of an Immediate Response Action pursuant to 310
CMR 40.0414(2); or
(d) one or more response actions are required as part of an Immediate Response Action to eliminate or
mitigate a Critical Exposure Pathway pursuant to 310 CMR 40.0414(3).
Pursuant to item(c)above, an immediate response action is ongoing thus Tier I is the appropriate classification.
Tier Reclassification
RTN 3-37288
Page 2 of 2
If during the performance of additional environmental assessment and/or response activities where new information
and/or conditions change the current Tier I designation, CHES will amend the Tier Classification and reclassify the
Site accordingly. If you have questions on the attached please call me at 781-316-6027
Sincerely,
k�'� V L
Kenneth McDermott,LSP
Manager,Remedial Investigations
Attachments:
Figure 1 and Figure 2
B W SC 107 Form
Legal Notice
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Clean Harbors
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FEET nVJREMEM S APPROXIMATE) _•,_xDtiArMmli 2107049313—C-01
Massachusetts Department of Environmental Protection
eDEP Transaction Copy_
Here is the file you requested for your records.
To retain a copy of this file you must save and/or print.
Username: ARWLSP
Transaction ID: 1649181
Document: BWSC107 Tier Classification Transmittal Form
Size of File: 191.78K
Status of Transaction: In Process
Date and Time Created: 12/14/2023:3:42:34 PM
Note: This file only includes forms that were part of your
transaction as of the date and time indicated above. If you need
a more current copy of your transaction, return to eDEP and
select to "Download a Copy" from the Current Submittals page.
Massachusetts Department of Environmental Protection BWSC 107
Bureau of Waste Site Cleanup
Release Tracking Number
TIER CLASSIFICATION TRANSMITTAL FORM —
Pursuant to 310 CMR 40.0500(Subpart E) j3 ;37288
A.DISPOSAL SITE LOCATION:
1. Disposal Site Name: IN FRONT OF 216 FOSTER STREET
2. Street Address: 216 FOSTER STREET
3.City/Town: NORTH ANDOVER 4.ZIP Code: 018450000
5. Coordinates: Latitude:N 42.67046 Longitude:W 71.06414
B. THIS FORM IS BEING USED TO: (check all that apply)
r 1. Submit anew Tier Classification Submittal,including a Tier Classification Compliance History(BWSC107B).
Check the tier classification category:
r a.Tier I r b. Tier II
c. Check all Tier I criteria that apply,pursuant to 310 CMR 40.0520(2):
9 i. c, lun,`valor is located within an Interim Wellhead Protection Area,Zone 1I,or within 500 feet of a Private
'cr S, ;Ill ;�. 'l. and there is evidence of groundwater contamination by an Oil or Hazardous Material at the
tin.: ie .,catir•.at concentrations equal to or exceeding the applicable RCGW-1 Reportable
Concentr..-on t tior r 310`MR 40.0360.
r ii.An Imminent 'A' :a _ pry nt i�, t'. time of Ticr Classification.
r iii. One or more remedial at.,tons are r wired as onrl of an Immediate Response Action pursuant to 310 CMR
40.0414(2).
r iv.One or more response actions are required. pan of t'Im.'Miate Response Action to eliminate or mitigate a
Critical Exposure Pathway pursuant to 310 G%111% _u:b- -4(.3).
r d. Check here if including an Eligible Person,Eligible Tena,,,,or, jt.. i'ei on ''erdfication(BWSC107D)
F_ 2. Submit a Phase I Completion Statement as per 310 CMR 40.0480,
If previously submitted, provide date
mm/dd/yyyy
r 3. Submit a Phase II Scope of Work as per 310 CMR 40.0834.
If previously submitted, provide date
mrrr/dd/yyyy
r 4. Submit a Phase II Conceptual Scope of Work supporting a Tier Classification Submittal.
r 5. Submit a Tier Classification Extension Submittal for Response Actions at a Tier Classified Site including the Tier
Classification Compliance History(BWSC 10713).
)— 6. Submit a Tier Classification Transfer Submittal fora change in person(s) undertaking Response Actions at a Tier
Classified Site including the Tier Classification Compliance History(BWSC10713)and the Tier Classification
Transferor Certification (BWSC I07C).
Proposed effective date of transfer:
mm/dd/yyyy
Revised: 01/14/2014 Page ] of5
'4w]1
Massachusetts Department of Environmental Protection BWSC 107
Bureau of Waste Site Cleanup
Release Tracking Number
TIER CLASSIFICATION TRANSMITTAL FORM ( _
Pursuant to 310 CMR 40.0500(Subpart E) 3
B. THIS FORM IS BEING USED TO: (cont.)
R 7. Submit a Revised Tier Classification Submittal.
Check the revised Tier Classification Category. If the Tier Classification Category is not changing, indicate the current
classification.
Wo a. Tier I r b. Tier 11
c. Check all Tier I criteria that apply,pursuant to 310 CMR 40.0520(2):
(� i. Groundwater is located within an Interim Wellhead Protection Area,Zone II, or within 500 feet of a Private
Water Supply Well,and there is evidence of groundwater contamination by an Oil or Hazardous Material at the
time of Tier Classification at concentrations equal to or exceeding the applicable RCGW-I Reportable
Concentration set forth in 310 CMR 40.0360.
r ii.An Imminent Hazard is present at the time of Tier Classification.
W iii. One or more remedial actions are required as part of an Immediate Response Action pursuant to 310 CMR
40.0414(2).
r iv. One or more response actions are required as part of an Immediate Response Action to eliminate or mitigate a
Critical Exposure Pathway pursuant to 310 CMR 40.0414(3).
1- d. Check here if including an Eligible Person,Eligible Tenant, or Other Person Certification (BWSCI07D)
1— 8.Provide a Notice that an additional Release Tracking Number(s)is (are) being linked to this Tier Classified Site
(Primary RTN).Future response actions addressing the Release or Threat of Release notification condition associated with
additional Release Tracking Numbers (RTNs)will be conducted as part of the Response Actions planned or ongoing at the
Primary Site listed above. For a previously Tier Classified Primary Site,if there is a reasonable likelihood that the addition of
the new sccondary RTN(s)would change the classification of the site, a Revised Tier Classification Submittal must also
be made.
Provide R Case a, it'--Number(s): a. - — b.
All future Respow, Ai `sons r':; `Abcc according to the deadlines applicable to the Primary RTN.Use only the Primary RTN
when making future suL_ai'._. t th ,.mess specifically relating to response actions started before the linking occurred.
Revised: 01/14/2014 Page 2 of 5
Massachusetts Department of Environmental Protection BWSC 107
Bureau of Waste Slte Cleanup
` � Release Tracking dumber
TIER CLASSIFICATION TRANSMITTAL FORM —
13 ; 37288
Pursuant to 310 CMR 40.0500 (Subpart E) — -- ---- -
C. LSP SIGNATURE, AND STAMP:
1 attest under the pains and penalties of perjury that 1 have personally examined and am familiar with this transmittal form,
including any and all documents accompanying this submittal.In my professional opinion and judgment based upon application
of(i)the standard of care in 309 CMR 4.02(1), (ii)the applicable provisions of 309 CMR 4.02(2)and (3),and 309 CMR4.03(2),
and (iii)the provisions of 309 CMR 4.03(3), to the best of my knowledge, information and belief,
> if Section B of this.form indicates that a Tier Classification Submittal is being submitted, this Tier Classification Submittal has
been developed in accordance with the applicable provisions of M.G.L. c. 21 E and 310 CMR 40.0000 and; the response action(s)
that is(are)the subject of this submittal (i)has(have)been developed and implemented in accordance with the applicable provisions
of M.G.L. c. 21 E and 310 CMR 40.0000; (ii) is (are)appropriate and reasonable to accomplish the purposes of such response
action(s) as set forth in the applicable provisions of M.G.L. c. 2 1 E and 310 CMR 40.0000, and(iii) complies(y)with the identified
provisions of all orders,permits,and approvals identified in this submittal;
> iI'Section B of this form indicates that a Phase I Completion Statement is being submitted, the response action(s)that is(are)the
subject of this submittal(1)has(have)been developed and implemented in accordance with the applicable provisions of M.G.L. c.
21E and 310 CMR 40.0000,(ii)is (are)appropriate and reasonable to accomplish the purposes of such response action(s)as set
forth in the applicable provisions of M.G.L. c.2 1 E and 310 CMR 40.0000, and(iii)comply(ies)with the identified provisions of all
orders,permits,and approvals identified in this submittal;
> if Section B of this form indicates that a Phase II Scope of Work is being submitted, the response action(s) that is(are)the
subject of this submittal (i)has(have)been developed in accordance with the applicable provisions of M.G.L.c.21E and 310 CMR
40.0000, (ii) is(are)appropriate and reasonable to accomplish the purposes of such response action(s)as set forth in the applicable
provisions of M.G.L. c. 21 E and 310 CMR 40.0000,and (iii)comply(ies)with the identified provisions of all orders;permits,and
approvals identified in this submittal;
> if Section B of this form indicates that a Tier Classification Extension Submittal or a Tier Classification Transfer Submittal is
being submitted, the response action(s) that is (are)the subject of this submittal (i) is (are)being implemented in accordance with
the applicable pr�' -dons of M.G.L. c. 21 E and 310 CMR 40.00007 (ii) is(are) appropriate and reasonable to accomplish the
purposes of sue ,,'reap ';nse.action(s)as set forth in the applicable provisions of M.G.L. c.2 1 E and 310 CMR 40.0000, and(iii)
complics(y)w' r the .;cr Al'ut."Irovisions of all orders,permits, and approvals identified in this submittal.
1
I am aware that srgtnfi'int j {mlt-;-, including, but not limited to,possible fines and imprisonment, if I submit
information which I know ti,i_ �', in�'';urai,•'4~_materially incomplete.
i
1. LSP#: 5830
2.First Name: tTNNEni
..'Name: MCDERMOTT
4.Telephone: 401-334-3313 5. Ext.: 6 1- a -DER72a1 AOL.COM
7. Signature: "
8.Date: 9. LSP Stamp:
mm/dd/yyyy
Revised: 01/14/2014 Page 3 of 5
Massachusetts Department of Environmental Protection BWSC 107
I Bureau of Waste Site Cleanup
Release Tracking Number
TIER CLASSIFICATION TRANSMITTAL FORM 13 - 137288
Pursuant to 310 CMR 40.0500(Subpart E) _ _------
D. PERSON MAKING SUBMITTAL:
1.Check all that apply: r a. change in contact name r b. change of address r c. change in the person
undertaking response actions
2.Name of Organization: HILTON FAMILY OIL CO INC
3.Contact First Name: FREDRICK 4.Last Name: HLTON
5.Street: 65 SALEM ST 6.Title: OWNERf'RESIDENT
7.City/Town: LAWRENCE 8.State: MA 9.ZIP Code: 018430000
10.Telephone: 508-572-4744 11.Ext.: 12.Email: Fjh327@aol.com
E.RELATIONSHIP OF PERSON MAKING SUBMITTAL TO DISPOSAL r Check hereto change relationship
SITU•
''� 1. RP or PRP r a. Owner r b.Operator r c. Generator r d. Transporter
r e.Other RP or PRP Specify: NON.SPECIFIEDPRP
r 2.Fiduciary,Secured Lender or Municipality with Exempt Status(as defined by M.G.L.c. 21 E, s. 2)
r 3.Agency or Public Utility on a Right of Way(as defined by M.G.L. c.21E,s.50))
r 4.Any Other Person Making Submittal Specify Relationship:
F.REQUI A ENT AND SUBMITTALS:
r 1.Check here i't R nse hon(s)on which this opinion is based, if any, are(were)subject to any order(s),
permit(s)and/ appro 1(�: < ti b "° l?. r EPA.If the box is checked,you MUST attach a statement identifying the
applicable provisions there #7 'X"
zi
r 2.Check here to certify that the Cho Muni ciu I Officer, he Local Board of Health have been notified of the submittal
of any Phase Reports to DEP.
17 3.Check here to certify that a copy of the Legal Notic i Clas. c ' or Re-classification Submittal is attached,
and a cover letter and a copy of the notice is sent to the Chief tic' is the Local Board of Health pursuant to
310 CMR 40.0510(3)and 40.1403.
r 4.Check here to certify that the owner of a Public Water Supply has been provid ritten notice pursuant to 310 CMR
40.0510(3).
r 5.For a Tier Classification Extension Submittal,check here to certify that a statement summarizing why a Permanent or
Temporary Solution has not been achieved at the Disposal Site is attached.
17, 6.For a Tier Classification Transfer Submittal,check here to certify that a statement summarizing the reasons for the
proposed change in person(s)undertaking the Response Actions is attached.All Response Actions must be completed by
the deadline applicable to the person who first filed a Tier Classification Submittal for the Disposal Site.
r 7.Check here if any non-updatable information provided on this form is incorrect,e.g.,Release Address/Location Aid.
Send corrections to bwse.edept Dstate.ma.us.
1✓ 8. Check here to certify that the LSP Opinion containing the material facts,data,and other information is attached.
Revised:01/14/2014 Page 4 of 5
+ Massachusetts Department of Environmental Protection BWSC 107
Bureau of Waste Site Cleanup
Release Tracking Number
+' TIER CLASSIFICATION TRANSMITTAL FORM !3 �J
Pursuant to 310 CMR 40.0500(Subpart E) 1137285
--
G. CERTIFICATION OF PERSON MAKING SUBMITTAL:
1 ] attest under the pains and penalties of perjury (i)that I have personally
examined and am familiar with the information contained in this submittal,including any and all documents accompanying this
transmittal form,(6)that, based on my inquiry of those individuals immediately responsible for obtaining the information,the
material information contained in this submittal is,to the best of my knowledge and belief, true, accurate and complete,and(iii)
that I am fully authorized to make this attestation on behalf of the entity legally responsible for this submittal.I/the person or entity
on whose behalf this submittal is made am/is aware that there are significant penalties, including, but not limited to,possible fines
and imprisonment, for willfully submitting false,inaccurate,or incomplete information.
If submitting a Tier 11 Classification,Extension or Transfer,I also attest under the pains and penalties of perjury that(i)I/the
person(s) or entity(ies)on whose behalf this submittal is made has/have personally examined and am/is familiar with the
requirements of M.G.L. c. 21E and 310 CMR 40.0000; (ii)based upon my inquiry of the/those Licensed Site Professional(s)
employed or engaged to render Professional Services for the disposal site which is the subject of this Transmittal Form and of the
person(s)or entity(ies)on whose behalf this submittal is made, and my/that person's(s') or entity's(ies') understanding as to the
estimated costs of necessary response actions,that/those person(s) or entity(ies)has/have the technical, financial and legal ability
to proceed with response actions for such site in accordance with M.G.L. c. 21 E,310 CMR 40.0000 and other applicable
requirements; and (iii) that I am fully authorized to make this attestation on behalf of the person(s)or entity(ies) legally responsible
for this submittal. I/the person(s) or emity(ies) on whose behalf this submittal is made is aware of the requirements in 310 CMR
40.0172 for notifying the Department in the event that I/the person(s)or entity(ies)on whose behalf this submittal is made learn(s)
that it/they Ware unable to proceed with the necessary response actions.
2 By: 3.Title: OWNERPRESIDENT
Signature
4.For: HILTON FAMILY OIL CO INC 5.Date:
(Name of person or entity recorded in Section D) mm/dd/yyyy
F 6. Check he: ',e address of the person providing certification is different from address recorded in Section D.
7. Street:
8. City/Town: 9. State: 10.ZIP Code:
11.Telephone: E]eG 13.Email:
YOU ARE SUBJECT TO AN ANNUA MPLi k,SSURANCE FEE OF UP TO S10,000 PER BILLABLE
YEAR FOR THIS DISPOSAL SITE.YOU MUST IlEGIBL 4 , c, 'PLETE ALL RELEVANT SECTIONS OF THIS
FORM OR DEP MAY RETURN THE DOCUMENT:1, .,C( IPLI- E '1*OU SUBMIT AN INCOMPLETE FORM,
YOU �1.�1' 13L PENALIZED hOlt ;]IS'"'' A �'01 .R D DEADLINE.
Date Stamp(DEP USE ONLY):
Revised:01/14/2014 Page 5 of
NOTICE OF TIER CLASSIFICATION
Near 216 Foster Street
North Andover, Massachusetts 01845
Release Tracking Number 3-37288
RTN 3-37288
A release of oil and/or hazardous materials has occurred at this location, which is a disposal
site as defined by M.G.L. c. 21 E, § 2 and the Massachusetts Contingency Plan, 310 CMR
40.0000.To evaluate the release, a Phase I Initial Site Investigation was performed pursuant
to 310 CMR 40.0480. Based on data obtained, the Site was initially classified as a Tier II
Disposal Site. However, since IRAs are ongoing, the site requires Tier 1 Classification as
a Tier 1 site.
The site is classified as TIER I pursuant to 310 CMR 40.0500. On January 30, 2023, Hilton
Oil filed a Phase I Report with the Massachusetts Department of Environmental Protection
(MassDEP). A conceptual Phase II Scope of Work was also included in the report. To obtain
more information on this disposal site, please contact Allen Walker of Clean Harbors at 617-
908-7257. The Tier Classification Submittal and the disposal site file can be viewed at
MassDEP website using Release Tracking Number (RTN) 3-37288 at
http://pubIic.dep.state.ma.us/SearchableSites2/Search.aspx or at the MassDEP Northeast
Regional Office, 205 Lowell Street, Wilmington, Massachusetts 01887, (978) 694-3200.
Additional public involvement opportunities are available under 310 CMR 40.1403(9) and
310 CMR 40.1404.