HomeMy WebLinkAboutMiscellaneous - 30 Sutton Street Weston&Sampson Engineers,Inc.
Five Centennial Drive
W2StOlt�8111pSO11 Peabody,MA 01960-7985
E N G I N E E R S, I N C. ; www.westonandsampson.com
Tel: 978-532-1900 Fax: 978-977-0100
nnoy8fte Saldifla since 1999
Massachusetts Highway Department
Weston & Sampson Project No. 205050
July 8, 2005
Ms. Susan Sawyer
Board of Health
c/o Town Hall
120 Main Street
North Andover, Massachusetts 01845 RECEIVED
Re: Response Action Outcome Statement JUL - 8 2005
Massachusetts Highway Department
C30.Sutton Street TOWN OF NORTH ANDOVER
North Andover, Massachusetts HEALTH DEPARTMENT
RTN 3-19455
Dear Ms. Sawyer:
Weston' & Sampson Engineers, Inc., was contracted by the Massachusetts Highway
Department (MassHighway) to prepare a Response Action Outcome (RAO) Statement for the
property located at 30 Sutton Street in North Andover, Massachusetts in accordance with the
Massachusetts Contingency Plan (MCP), 310 CMR 40.0000.
This report was submitted to the Department of Environmental Protection's Northeast Regional
Office (DEP-NERD) in Boston, Massachusetts, where they are available for public review. If
you have any questions regarding this Site, please contact our office at (978) 532-1900 at
extension 2287.
Very truly yours,
WESTON & SAMPSON ENGINEERS, INC.
Prasanta K. Bhunia, Ph.D., LSP
Vice President
cc: •DEP-NERO, Boston; MA
David White, Massachusetts Highway Department — Boston
Kenneth Leach, Massachusetts Highway Department - Boston
File
O:\MassHighway\N Andover 205050\RAO\RAO Pub Not 7.05.doc
Massachusetts(HG) Massachusetts Connecticut Rhode Island New Hampshire Maine Vermont
Five Centennial Drive 100 Foxborough Blvd,Suite 250 2928 Main Street,PO Box 232 2348 Post Road,Suite 8 195 Hanover Street,Suite 28 PO Box 189 PO Box 189
Peabody,MA 01960-7985 Foxborough,MA 02035 Glastonbury,CT 06033 Warwick,RI 02886-2271 Portsmouth,NH 03801 York,ME 03909 Waterbury,VT 05676
COMMONWEALTH OF MASSACHUSETTS
F EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
O+ W
h
DEPARTMENT'OF ENVIRONMENTAL PROTECTION
h
Metropolitan Boston - Northeast Regional Office
ARGEO PAUL CELLUCCI --- —
Governor 1-.�+�� '� � ,_ ,. _ BOB DURAND
r �" = -�, Secretary
JANE SWIFT
LAUREN LISS
Lieutenant Governor ? JUL� Commissioner
Little Pond Cleaners, Incii-.- -- _=_ ARE: North Andover
11 Timber Lane r30 Sutton Street
Mathuen, MA 01844 -- - - 'RTN: 3-19455
NOTICE OF RESPONSIBILITY &
PERFORMANCE OF UTILITY RELATED
ABATEMENT MEASURES PURSUANT TO
MGL c. 21E & 310 CMR 40.0000
Dear Sir/Madam:
On April 14, 2000 at 9 : 00 A.M. , the Department of
Environmental Protection (the Department) received a notification
of a release/threat of release of oil/hazardous material at the
above referenced location. The Department has reason to believe
that the location for which the release/threat of release was
reported is or may be a disposal site requiring the performance
of one or more response actions pursuant to 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 Little Pond Cleaners, Inc. ) 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 takerom t action in response to releases
P P P 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
This information is available in alternate format by calling our ADA Coordinator at(617)574-6872.
205a Lowell St. Wilmington, MA 01887 • Phone (978) 661-7600 •
Fax (978) 661-7615 • TDD # (978) 661-7679
Printed on Recycled Paper
I
a
Utility-related Abafement -Measure
Pursuant to M.G.L. c.21E and 310 CMR 40.0460
Page 2
payable under 310 CMR 4 . 00 . Please refer to M.G.L. c.21E for a
complete description of potential liability.
At the time of notification, you also informed the Department
of your intention to perform assessment, containment and/or
removal actions at the subject location, as a Utility-related
Abatement Measure (URAM) , in accordance with 310 CMR 40 . 0460 . The
purpose of this letter is to inform you of the minimum
requirements for conducting Utility-related Abatement Measures as
described in 310 CMR 40 . 0460.
i
PERFORMANCE STANDARDS FOR URAMS
Persons conducting Utility-related Abatement Measures must
comply with the following minimum performance standards and all
other applicable provisions set forth in 310 CytR 40 . 0460 :
(1) URAMs shall (.a)_ be limited to only. those, assessment,
containment or removal actions that are necessary for the
completion of - utility-related activities, (b) shall not
prevent or impede the implementation of likely future
response actions, and (c) shall not include the construction
of residential, commercial, or industrial buildings;
(2) Persons conducting a URAM shall engage or employ a
Licensed Site Professional (LSP) to manage, supervise,
oversee or actually perform the necessary response actions at
this site; unless the response actions consist solely of the
excavation and/or handling of: (a) not more than one hundred
cubic yards of soil contaminated with oil or waste oil; or
(b) not more than twenty cubic yards of soil contaminated
with hazardous materials, or a mixture of oil and hazardous
materials as outlned ' in 310 CMR 40.0462 (4) ;
(3) URAMs shall neither be initiated nor continued at any
site where a "Two Hour" or "72 Hour". release or threat of
release has been identified, as described in 310 CMR 40 . 0311
through 40 .0314, until such time as an Immediate Response
Action Completion Report has been submitted to the
Department;
(4) Contaminant conditions shall not be exacerbated as a
result of the URAM or as a result of structures placed within .
an area of identified contamination;
(5) Construction workers, surrounding human populations, and
environmental receptors shall be reasonably protected from
exposure to oil and/or hazardous material during and
following construction activities; and
(6) Contaminated soil, contaminated groundwater, and other
Remediation wastes removed from the disposal site and
construction area shall be managed and transported in
compliance with the provisions of 310 CMR 40 . 0030, 310 CMR
30 . 000, and all applicable federal, state and local laws .
Y y
Utility-related Abatement -Measure
Pursuant to M.G.L. c.21E and 310 CMR 40 .0460
Page 3
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" , Imminent Hazards and Substantial Release Migration.
Such persons must continue t8 evaluate the need for IRAs and
notify the Department .,immediately if such a need exists.
Responsible Parties, required by the MCP to undertake
additional response actions at the subject site, must provide the
proper release notification information to the Department as
described in 310 CMR 40 . 0300, and must also employ or engage. a
Licensed Site Professional. (LSP) to._,manage, supervise or actually
perform the necessary response actions. In addition, the MCP
requires persons undertaking response actions at a disposal site
to submit to the Department a Response Action Outcome (RAO)
Statement 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 a portion
thereof. [You may obtain a list of the names and addresses of
. these Licensed Site Professionals from the Board of Registration
of Hazardous Waste Site Cleanup Professionals at (617) 556-1091 .1
REQUIRED SUBMITTALS
The following submittals must be provided to DEP within
specific regulatory timeframes:
(1) If an oral notification of your intent to conduct a
Utility-related Abatement Measure was provided to DEP,
written confirmation of such notice, as described in 310 CMR
40 . 0462 (2) , should have been provided to DEP within seven
calendar days of this oral notification. If you have failed
to provide this written notice within the required timeframe,
the Department reserves the right to initiate appropriate
enforcement actions to obtain full compliance with the MCP.
(2) If one has not been submitted, a Release Notification
Form (RNF) [copy attached] 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 40 .0300 or from the date the Department
issues a Notice of Responsibility (NOR) , whichever occurs
earlier.
(3) Except for limited projects exempted pursuant to 310 CMR
40 . 0462 (4) , one of the following documents/reports must be
submitted , to DEP within 120 days of the date of notification
of your intent to conduct a Utility-related Abatement
Measure:
� b
Utility-related Abaement -Measure
P M.G.L. E 4 .0460
Pursuant to G.L. c. 1 and 310 CMR 0
Page 4
a. a Utility-related Abatement Measure Completion
Report, accompanied by a URAM Completion Statement Form
(form BWSC-106) , as specified in 310 CMR 40 .0466, in
cases where the proposed response actions have been
completed; or
b. a Utility-related Abatement Measure Status Report,
accompanied by a Supplemental Risk Reduction
Transmittal Form (form BWSC-106) , as specified in 310
CMR 40 . 0465, if the proposed response actions are
ongoing.
(4) Unless an RAO is submitted earlier, a completed Tier
Classification Submittal pursuant to 310 CMR 40 . 0510, and, if
j 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.
(5) 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.
Reports concerning Utility-related Abatement Measures should
be addressed to DEP, Bureau of Waste Site Cleanup, Risk Reduction
Section, 205A Lowell St. , Wilmington, MA 01887.
Thank you for your anticipated cooperation in this matter.
If you have any questions relative to this notice, you should
contact Iris Davis at the letterhead address or at (978) 661-7600.
All future communications and/or submittals regarding this release
should be directed to the Bureau of Waste Site Cleanup (BWSC) and
must reference, the Release Tracking Number (RTN#3-19455) contained
in the subject block of this letter.
Very truly yours,
I I/ Lill.
Sis W. Davis ,
Section Chief Permits/Risk Reduction
Bureau of Waste Site Cleanup
copy: North Andover Board of Health
DEP data entry/file
COMMONWEALTH OF MASSACHUSETTS
m F EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
M d
Metropolitan Boston—Northeast Regional Office
ARGEO PAUL CELLUCCI
Governor BOB DURAND
Secretary
JANE SWIFT
Lieutenant Governor 7tz M LAUREN LISS
Commissioner
i
Town of North Andover RE:North Andover
384 Osgood Street 30 Sutton Street
North Andover,MA 01845 RTN: 3-19455
PERFORMING UTILITY RELATED
ABATEMENT MEASURES PURSUANT TO
MGL c. 21 E&310 CMR 40.0000
Attn.: Richard Harrigan
Dear Mr. Harrigan:
On April 14, 2000 at 9:00 A.M., the Department of Environmental Protection (the
Department) received a notification of a release/threat of release of oil/hazardous material at the
above referenced location. The Department has reason to believe that the location for which the
release/threat of release was reported is or may be a disposal site requiring the performance of one
or more response actions pursuant to the Massachusetts Contingency Plan (MCP), 310 CMR
40.0000.
At the time of notification, you also informed the Department of your intention to perform
assessment, containment and/or removal actions at the subject location, as a Utility-related
Abatement Measure (URAM ), in accordance with 310 CMR 40.0460. The purpose of this letter is
to inform you of the minimum requirements for conducting Utility-related Abatement Measures as
described in 310 CMR 40.0460.
PERFORMANCE STANDARDS FOR URAMS
Persons conducting Utility-related Abatement Measures must comply with the following
minimum performance standards and all other applicable provisions set forth in 310 CMR 40.0460:
(1) URAMs (a) shall be limited to only those assessment, containment or removal actions
that are necessary for the completion of utility-related activities, (b) shall not prevent or
This information is available in alternate format by calling our ADA Coordinator at(617)5746872.
.205a Lowell St. Wilmington,NIA 01887•Phone (978)661-7600•Fax (978)661-7615•TDD#(978)661-7679
��� Printed on Recycled Paper
i
.' Utility-related Abatement Measure
Pursuant to M.G.L. c.21E and 310 CMR 40.0460
Page 2
impede the implementation of likely future response actions, and (c) shall not include the
construction of residential,commercial,or industrial buildings;
(2) Persons conducting a URAM shall engage or employ a Licensed Site Professional
(LSP) to manage, supervise, oversee or actually perform the necessary response actions at
this site, unless the response actions consist solely of the excavation and/or handling of: (a)
not more than one hundred cubic yards of soil contaminated with oil or waste oil; or(b)not
more than twenty cubic yards of soil contaminated with hazardous materials,or a mixture of
oil and hazardous materials as outlinedlin 310 CMR 40.0462(4);
(3) URAMs shall neither be initiated nor continued at any site where a "Two Hour" or "72
Hour" release or threat of release has been identified, as described in 310 CMR 40.0311
through 40.0314,until such time as an Immediate Response Action Completion Report has
been submitted to the Department;
(4) Contaminant conditions shall not be exacerbated as a result of the DRAM or as a result
of structures placed within an area of identified contamination;
(5) Construction workers, surrounding human populations, and environmental receptors
shall be reasonably protected from exposure to oil and/or hazardous material during and
following construction activities;and
(6) Contaminated soil, contaminated groundwater, and other Remediation Wastes removed
from the disposal site and construction area shall be managed and transported in compliance
with the provisions of 310 CMR 40.003 0, 310 CMR 30.000, and all,applicable federal,state
and local laws.
REQUIRED SUBMITTALS
Except for limited projects exempted pursuant to 310 CMR 40.0462(4),one of the following
documents/reports must be submitted to DEP within 120 days of the date of notification of
your intent to conduct a Utility-related Abatement Measure:
a. a Utility-related Abatement Measure Completion Report, accompanied by a
URAM Completion Statement Form (form BWSC-106), as specified in 310 CMR
40.0466,in cases where the proposed response actions have been completed;or
b. a Utility-related Abatement Measure Status Report, accompanied by a
Supplemental Risk Reduction Transmittal Form (form BWSC-106), as specified in
310 CMR 40.0465,if the proposed response actions are ongoing.
Reports concerning Utility-related Abatement Measures should be addressed to DEP, Bureau of
Waste Site Cleanup,Risk Reduction Section,205a Lowell Street,Wilmington,MA 01887.
a
Utility-related Abatement Measure
Pursuant to M.G.L.c.21E and 310 CMR 40.0460
Page 3
STATUTORY LIABILITIES
The following is provided to advise you(as used in this letter, "you"refers to Town of North
Andover) of the liability provisions of M.G.L. c. 21E for assessing and remediating releases of oil
and/or hazardous materials to the environment. You are advised to review the following section and
determine if you are a Responsible Party for the subject release. If,after reading this section,you do
not know if you are a Responsible Party, you are advised to seek legal counsel to help you in
making this determination.
M.G.L. c. 21E, Section 5 makes the following parties liable to the Commonwealth of
Massachusetts for response action costs:. 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 oris
legally responsible for a release/threat of release of oil or hazardous material at a site.
g Y
This liability is "strict", meaning it is not based on fault, but solely on a party's status as an
owner, operator, generator,transporter or disposer. It is also joint and several,meaning that a party
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
Responsible Parties do not take the necessary response actions, or fail to perform them in an
appropriate and timely manner, the Department is authorized by M.G.L. c. 21E to have the work
performed by its contractors. By taking such actions, a Responsible Party can avoid liability for
response action costs incurred by the Department and its.contractors in performing these actions,
and any sanctions which may be imposed for failure to perform response actions under the MCP.
Please refer to M.G.L. c. 21E for further information regarding liabilities.
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", 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.
Depending on your status under M.G.L. c. 21E Section 5, you may be responsible for
conducting additional response actions at the subject site. However,regardless of your status under
M.G.L. c. 21E, Section 5, you may be named a Potentially Responsible Party if actions conducted
by you at this site contribute to and/or exacerbate contaminant conditions.
b
Utility-related Abatement Measure
Pursuant to M.G.L. c.2 IE and 310 CMR 40.0460
Page 4
If you are a Responsible Parry, required by the MCP to undertake additional response
actions at the subject site, you must provide the proper release notification information to the
Department as described in 310 CMR 40.0300,and you must also employ or engage a Licensed Site
Professional (LSP) to manage, supervise or actually perform the necessary response actions. In
addition, the MCP requires persons undertaking response actions at a disposal site to submit to the
Department a Response Action Outcome (RAO) Statement 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 a portion thereof. [You may obtain a list of the names and addresses
of these Licensed Site Professionals from the Board of Registration of Hazardous Waste Site
Cleanup Professionals at(617)556-1091.]
Thank you for your anticipated cooperation in this matter. If you have any questions
relative to this notice, you should contact his Davis at the letterhead address or at(978) 661-7724.
All future communications and/or submittals regarding this release should be directed to the Bureau
of Waste Site Cleanup (BWSC) and must reference the Release Tracking Numbers (RTN 3-19455)
contained in the subject block of this letter.
Very truly yours,
Iris W. Davis `
Section Chief Permits/Risk Reduction
Bureau of Waste Site Cleanup
copy: North Andover Board of Health
DEP data entry/file
Order ID 0353502001754
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