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Home My WebLink About1456 FALMOUTH ROAD/RTE 28 - Health I�� `�h r�d'�=�- �i-olq - Cw��ee , ---- - j— — �— - N SMEA � No. 10339 smead cam • Made in USA .cj 8� e COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL. AFFAIRS vim DEPARTMENT OF ENVIRONMENTAL PROTECTION SOUTHEAST REGIONAL OFFICE ARGEO PAUL CELLUCCI TRUDY COXE Governor Secretary DAVID B. STRUHS Commissioner 0 Opy_ January 13 , 1998 Oliver Udemba, Sr. Proj .' Mgr. RE : BARNSTABLE-BWSC/ASM-4-0756 Cumberland Farms, Inc . Cumberland_ Farms 777 Dedham Street 1456 Falmouth Road (Rt . 28) Canton, Massachusetts 02021-9118 RETURN TO COMPLIANCE M.G.L. c . 21E and MCP, 310 CMR 40 . 0000 Dear Mr. Udemba On July 15, 1997,1 the Department of Environmental Protection, ; Bureau of Waste Site Cleanup (the "Department") , issued a "Notice of Noncompliance" letter to you (in this letter, "you" or "your" refers to Cumberland Farms, Inc . ) ' in response to violations of an Interim Deadline for 'the above-referenced disposal site (the "site" ) . This letter requested that you submit a Risk Characterization and a Phase ' II Completion Statement pursuant to 310 CMR 40 . 0830 as required by the Department's April 3 , - 1997 Interim Deadline letter. Information to document your actions to correct the violations was received by the Department on September 16, .1997 . The Department considers the compliance inspection for this site to be complete. Please be advised that completion of this inspection does not preclude the Department- from conducting future audits and/or enforcement actions to address past, current or future response actions conducted at the site, including the information submitted. The Department is also :not precluded from initiating enforcement actions or conducting inspections at the site to confirm compliance with applicable requirements of other laws or regulations enforced by the :Department . . ; 20 Riverside Drive 0 Lakeville, Massachusetts 02347 • FAX(508) 947-6557 • Telephone (508) 946-2700 -2- If you have any questions regarding this letter, please contact Deborah A. Marshall at (508) 946-2888 . The Department appreciates your timely response and regrets any inconvenience it may have caused as a result of the delay in this return to compliance correspondence . The Department appreciates your cooperation in this matter. Very truly yours, Joseph F. Kowal, Chief Audit & Site Management- Section K/DAM/cb CERTIFIED MAIL NO. .Z 333 584, 178 RETURN RECEIPT REQUESTED : CC : Town of Barnstable 367 Main Street Hyannis, MA 02601 ATTN: Town Manager_. Board of Health P.O. Box 534 Hyannis, .MA 02601 . Goldman Environmental Consultants, Inc. 60 Brooks. Drive Braintree, MA 02184 ATTIC: .. Samuel W.- Butcher, LSP , DEP-BOSTON ATTN: Maria Pinaud DEP-SERO . ATTN: Regional Enforcement Office DEP-SERO ATTN: Data Entry COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION SOUTHEAST REGIONAL OFFICE WILLIAM F. WELD TRUDY CORE Governor Secretary ARGEO PAUL CELLUCCI DAVID B. STRUHS Lt. Governor OPY Commissioner July 15, 1997 Oliver Udemba, Sr Proj . Mgr. RE: BARNSTABLE-WSC/ASM-4-0756 Cumberland Farms,` Inc. Cumberland Farms 777 Dedham Street 1456 Falmouth Road (Rt . 28) Canton, Massachusetts 02021-9118 NOTICE OF NONCOMPLIANCE M.G.L. c.21E and MCP, 310 CMR 40 . 0000 NON-SE-97-3A-030 NOTICE OF NONCOMPLIANCE T This is an important Notice. Promptly respond to any requests .contained herein.. Failure to respond .to..ariy .such requests could result in " . serious legal consequences. .. Dear Mr. Udemba: On April 3 , 1997, the 'Department of Environmental Protection, Bureau of Waste Site Cleanup (the "Department" ) , issued a "Compliance Inspection Findings/Interim Deadline" letter to you (in this letter, "you" or "your" refers to .Cumberland Farms, Inc . ) in response to a compliance inspection conducted at the above referenced disposal site (the "site") . This letter established an Interim Deadline, in accordance with 310 CMR 40 . 0167 (l) , of June 1, 1.997, for submittal of the Phase II Report . In a letter received by the Department on April 30, 19.97, your consultant requested an extension of the Interim Deadline from June 1, 19971 to July 1, 1997, for submittal of this report . On May 6, 1997, the Department verbally granted an approval for this Interim Deadline extension. Thee Department received the . report titled "Phase II Comprehensive Site Assessment (Extent Portion) ". on . July .1, 1997 .. However, since,. neither ,a .Risk Characterization,;;nor. a t Phase II CompletionStatement .. was included . witH ' this "report,' it ' is not complete, pursuant to -310 CMR. 40 . 0830 .A 20 Riverside Drive • Lakeville, Massachusetts 02347 • FAX(508) 947-6557 • Telephone (508) 946-2700 f VIOLATION On the basis of the information obtained during the review of the Phase II Comprehensive Site Assessment report and in reliance upon the accuracy and completeness of that information, the Department has determined that Cumberland Farms, Inc. is in noncompliance with the Massachusetts Contingency Plan, M.G.L. c . 21E, 310 CMR 40 . 000, and approvals thereof. Attached hereto is a written description of : (1) each activity in noncompliance, (2) the requirements violated, and (3) the deadline for coming .into compliance with the requirements violated. An administrative penalty, may be assessed for every day from now on that you are in noncompliance with requirements set forth in the attached Notice of Noncompliance (NON) Summary. Notwithstanding this NON, 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 adminstrative penalties assessed by the Department . RESPONSE REQUESTED Within sixty (60) days of receipt of this Notice, the Department requests written documentation be submitted which describes the actions taken to correct the violation cited in the NON. Additionally, this response should include appropriate evidence and documentation which confirms you have conducted. the action specified herein. DO NOT IGNORE THIS NOTICE. Failure to correct the violation identified and. provide documentation of such action to the Department may subject you to further enforcement action by the Department . Pursuant to 310 CMR 40 . 0000 you may also be subject to cost recovery under 3.10 CMR 40 .1200 .for failure to perform response actions at the disposal site. LICENSED .SITE PROFESSIONAL A ,copy of .this Notice has been sent to Samuel W. Butcher, a Licensed Site Professional (LSP) , the LSP for your disposal site . You may consult with the LSP when preparing a response to this Notice . Note, however, that you, not your LSP, are obligated to respond to this Notice and remedy the violation. LIMITATIONS This notice does not preclude future audits of past, current, or future response actions or activities at the site or inspections to confirm compliance with applicable requirements of other laws or regulations enforced by the Department . r These findings do not in any way constitute a release from liability under M.G.L. c.21E, the MCP, or any other law, regulation, or requirement . Should you have any questions regarding this Notice, please contact Deborah A. Marshall at the letterhead address or at (508) 946-2888 . The Department appreciates your anticipated cooperation in this matter. Very truly yours, Joseph F. Kowal, Chief Audit & Site Management Section K/DAM/ka CERTIFIED MAIL NO. P 058 741 155 RETURN RECEIPT REQUESTED Attachment : A. Notice of Noncompliance Summary CC : Town of. Barnstable 367 Main Street Hyannis, MA 02601 ATTN: Town Manager Board of Health = P.O. Box 534 Hyannis, MA 02601 Goldman Environmental Consultants, Inc. 60 Brooks Drive Braintree, MA 02184 ATTN: Samuel W. Butcher, LSP ` DEP-BOSTON ATTN: Maria Pinaud DEP-SERO ATTN: Regional Enforcement Office DEP-SERO ATTN: , Data Entry ATTACHMENT A NOTICE OF NONCOMPLIANCE NONCOMPLIANCE SUMMARY NON-SE-97-3A-030 ENTITY/POTENTIALLY RESPONSIBLE PARTY IN NONCOMPLIANCE: Cumberland Farms, Inc , 777 Dedham Street Canton, Massachusetts 02021-9118 LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED: Cumberland Farms 1456 Falmouth Road (Rt . 28) Barnstable, Massachusetts DATE (S) WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED: July 1, 1997 DESCRIPTION OF ACT OR OMISSION CONSTITUTING NONCOMPLIANCE: Based on the information submitted . in the Phase II Comprehensive Site Assessment (Extent Portion) , the Department has determined that a Risk Characterization and a Phase II Completion Statement, in accordance with 310 CMR 40 . 0830, have not been submitted as required by the Interim Deadline. This is a violation of 310 CMR 40 . 0167 and 310 CMR 40 . 0830 . DESCRIPTION AND DEADLINES OF ACTIONS TO BE TAKEN: within sixty (60) days of receipt of ,this Notice, Cumberland Farms, Inc. shall submit to the Department : A Risk Characterization and a Phase II Completion Statement as required by 310 'CMR 40 . 0830 . Department of. Environmental Protection DATE : f`S BY: c7 Joseph F. Kowal, Chief Audit and Site Management Section f R} K1 COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFF DEPARTMENT OF ENVIRONMENTAL PRO SOUTHEAST REGIONAL OFFICE WILLIAM F. WELD TRU ^ DY COXE Governor ApR Secretary ARGEO PAUL CELLUCCI PY �* 7 19`97DAVID B. STRUHS Lt. Governor -`�7�j�TAe�. `Commissioner CO P titi April 3 , 1997 Oliver Udemba, Sr. Proj . Mgr. RE : BARNSTABLE-WSC/ASM-4-0756 Cumberland Farms, Inc. Cumberland Farms 777 Dedham Street 1456 Falmouth Road Rt . 28 Canton, Massachusetts 02021-9118 COMPLIANCE INSPECTION FINDINGS/INTERIM DEADLINE M.G.L. c.21E and MCP, 310 CMR 40 . 0000 Dear Mr. Udemba : On February 26, 1997, the Department of Environmental Protection (the "Department") , Bureau of Waste Site Cleanup, conducted an inspection at the above referenced disposal site (the "site") . The inspection consisted of a brief file review and a site- walkover. ' . The. purpose .of the inspection was to -determine compliance,with the. Tier II Classification Extensions submitted on your behalf by Handex of New England, Inc. (Handex) and by Goldman Environmental Consultants, Inc. (GEC) . SITE SUMMARY The site is located on a portion of a 0 . 65 acre parcel at the intersection of Phinney' s Lane and Route 28 in Centerville. There is a one-story building on the property which houses a Cumberland Farms/Gulf Service Station operation with two pump islands. With the exception of a small landscaped area along Route 28, the lot is paved. A septic tank for the restroom is located to the east of the building. Property usage in the general vicinity of the area is primarily residential with some commercial. According to the Mass GIS BWSC Priority Resources Map (1996) for Hyannis, the site is located in a Potentially Productive Medium Yield Aquifer. Therefore, the site is located in a Potential Drinking Water Source Area and classified as Groundwater Category GW-1 in accordance with 310 CMR 40 . 0932 . - ,A:release was reported. to the Department on' September 16,. 1-988' in+-response to-the discovery. :of :gasoline contaminated soils during'- - 20 Riverside Drive 0 Lakeville, massachusetts 02347 9 FAX(508) 947-6557 0 Telephone (508) 946-2700 -2- the -removal of three abandoned underground storage tanks (USTs) at the property. Subsequently,_ the Department granted a Waiver of Approvals for the site on October 25, 1990 and the Acceptance of the Waiver Application Disposition form was received by the Department on November 5, 1990 . The Waiver expired on November 5, 1995 . On August 28, 1995, a Tier II Classification Extension prepared by Handex of New England on behalf of Cumberland Farms was received by the Department . This extension included a plan and a proposed schedule to achieve, at a minimum, a Class C Response Action Outcome (RAO) at the site within one year. This submittal also included a proposed schedule for the design and installation of a petroleum hydrocarbon vapor recovery system in order to reduce concentrations of benzene in the groundwater. To date, a Class C RAO has not been achieved nor has this proposed system been installed at the site . On October 17, °1996, the Department received a Phase II Scope Of Wo rk (SOW) prepared by GEC for the subject site. This report documents that Phase II Comprehensive Site Assessment (Phase II) activities would be completed no later than October 1997 . Although Handex submitted a Tier II Classification Extension on September 4, 1996, a new LSP was retained and another Tier II Classification Extension submittal for the site' s second extension period was received by the Department on October 30, 1996 . The Department' s current evaluation involves this submittal, prepared by GEC on behalf of Cumberland Farms, which proposed completion of the Phase II by June 1997 . The most recent round of groundwater analyses on file with the Department from monitoring wells on-site was taken on June 20, 1996 . The analysis results document total volatile petroleum hydrocarbons (VPH) at 7 .4 ug/1 in MW-1 and 532 ug/1 in MW-2 . A groundwater sample from monitoring well MW-5 exhibited a benzene concentration of 19 .2 ug/1 in March 1995 . However, monitoring well MW-5 was destroyed thereafter during unrelated work on a natural gas line and could not be sampled during the 1996 sampling round. A site visit was conducted by Ms. Deborah A. Marshall of the Department on March 3 , 1997, for the purpose of observing current site conditions. Also present during the site visit were Jason Mauro of GEC and Dave Greenwood, Assistant Manager of the Cumberland Farms/Gulf Station. GEC was on site sampling monitoring wells MW-1, -2, -3 and -7. Groundwater samples from these wells were very silty (MW-1, -2) to clear (MW-3, -7) and exhibited no apparent petroleum odor. SITE INSPECTION FINDINGS/INTERIM DEADLINE The site is currently in Phase II - Comprehensive Site Assessment according to 310 CMR 40 . 0000 . On the basis of the -3- information reviewed in the Department' s site file and in reliance upon the accuracy of that information, the Department identified one (1) violation of the requirements of the. Tier II Classification Extension (reference 310 CMR 40 . 0560 (7) ) . I . VIOLATION The Department has determined that response actions which would achieve, at a minimum, a Class C Response Action Outcome (RAO) have not been taken at the site as proposed in the August 28, 1995 Tier II Extension for a Waivered Site submittal . Please be advised that failure to comply with the terms and conditions of a Tier II Extension usually results in the Department issuing a Notice of Non-Compliance .(NON) . The Department will not issue a NON at this time . However, the Department may use this violation to establish a pattern of non-compliance when pursuing future enforcement actions . II . RESPONSE ACTION/INTERIM DEADLINE . As documented in the Tier II Extension submittal prepared by Goldman Environmental Consultants, Inc. and received by the Department on October 30, 1996, completion of the Phase II Comprehensive Site Assessment is anticipated by June 1997. Therefore, in accordance with 310 CMR 40 . 0560 and pursuant to 310 CMR 40 . 0167 (1) , the Department has established an Interim Deadline of June 1, 1997 for submittal of the Phase II Report. Please note, by November 5, 1997, the date when the Tier II Extension expires, you are required to submit for this site a Licensed Site Professional (LSP) Opinion and a Response Action Outcome (RAO) Statement pursuant to 310 CMR 40 . 1000 . In the event that you are unable to meet this requirement, no later than 60 days prior to the expiration date of the Tier II Extension, you shall submit to the Department a third Tier II Extension Submittal pursuant to 310 CMR 40 . 0560 (7) in order to continue to perform response actions at the Site in accordance with 310 CMR 40 . 0560, Response Action Deadlines and Requirements for Tier II Disposal Sites . However, you must demonstrate that progress at the site is continuing. In accordance with 310 CMR 40 . 0560 (7) (f) , the Department reserves the right to reconsider the need for Departmental oversight or to initiate enforcement actions if, at a minimum, a Class C RAO is not submitted to the Department. This inspection does not preclude future audits that may be conducted by the Department of past, current, or future response actions or activities at the site or inspection to confirm compliance with applicable requirements of other laws or regulations enforced by the Department . l -4- These findings do not in any way constitute a release from liability under M.G.L. c .21E, the MCP, or any other law, regulation, .or requirement . Should you have .any questions regarding this letter, please contact Deborah A. Marshall at the letterhead address or at (508) 946-2888 . The Department appreciates your anticipated cooperation in this matter. Very trulyurs, Joseph F. Kowal, Chief Audit Site Management Section K/DAM/cb CERTIFIED MAIL NO. P 058 740 534 RETURN RECEIPT REQUESTED CC : Town of Barnstable 367 Main Street Hyannis, MA 02601 ATTN: Town Manager Board of Health P.O. Box 534 Hyannis, MA 02601 Goldman Environmental Consultants, Inc. 60 Brooks Drive Braintree, MA 02184 ATTN: Lawrence M. Goldman, LSP DEP-BOSTON ATTN: Steve Winslow DEP-SERO ATTN: Regional Enforcement Office DEP-SERO ATTN: Data Entry