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HomeMy WebLinkAbout0037 BARNSTABLE ROAD - Health 37 Barnstabte' Road- . Sewer'Acct# 0868 Hyannis A = 327 -013 ' {I i I I� I k I i ,per �\ COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PMW SOUTHEAST REGIONAL OFFICE k9j, 20 Riverside Drive, Lakeville, MA 02347 508 9_ MITT ROMNEY ELLEN ROY HERZFELDER Governor Secretary KERRY HEALEY ROBERT W. GOLLEDGE,Jr. Lieutenant Governor Commissioner URGENT LEGAL MATTER: PROMPT ACTION NECESSARY July 1,2004 Ms.Betsy Stanton,Owner RE: BARNSTABLE—BWSC N/F Europa Imports N/F Europa Imports 37 Barnstable Road 37 Barnstable Road,Hyannis Hyannis,Massachusetts 02601 RTN#4-I8458 5021--7410 - 0$?-7 NOTICE OF RESPONSIBILITY M.G.L. c. 21E, 310 CMR 40.0000 Dear Ms.Betsy Stanton: On May 24, 2004 the Department of Environmental Protection (the "Department") received a Release Notification Form ("RNF") which indicates that a release of oil and/or hazardous material has occurred at the location referenced above. The Massachusetts Oil and Hazardous Material Release Prevention and Response Act, M.G.L. c.21E, and the Massachusetts.Contingency Plan (the "MCP"), 310 CMR 40.0000, require the performance of response actions to prevent harm to health, safety, public welfare and the environment which may result from this release and/or threat of release and govern the conduct of such actions. The purpose of this notice is to inform you of your legal responsibilities under State law for assessing and/or remediating the release at this property. For purposes of this Notice of Responsibility, the terms and phrases used herein shall have the meaning ascribed to such terms and phrases by the MCP unless the context clearly indicates otherwise. The Department has reason to believe that the release and/or threat of release which has been reported is or may be a disposal site as defined by the M.C.P. The Department also has reason to believe that you(as used in this letter, "you"refers to N/F Europa Imports)are a Potentially Responsible Party(a "PRP")with liability under M.G.L. c.21E §5,for response action costs. 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 M.G.L. c.21E §5. This liability is also "joint and several',meaning that you may be liable for all response action costs incurred at a disposal site regardless of the existence of any other liable parties. ` The Department encourages parties with liabilities under M.G.L. c.21E to take prompt and appropriate actions in response to releases and threats of release of oil and/or hazardous materials.By taking prompt action, you may significantly lower your assessment and cleanup costs and/or avoid liability for This information is available in alternate format.Call Donald M.Gomes,ADA Coordinator at 617-556-1057.TDD Service-1-800-298-2207. DEP on the World Wide Web: http://www.mass.gov/dep �F1 Printed on Recycled Paper 2 costs incurred by the Department in taking such actions. You may also avoid the imposition of,the amount of or reduce certain permit and/or annual compliance assurance fees payable under 310 CMR 4.00. Please refer to M.G.L. c.21E for a complete description of potential liability. For your convenience, a summary of liability under M.G.L. c.21E is attached to this notice. You should be aware that you may have claims against third parties for damages, including claims for contribution or reimbursement for the costs of cleanup. Such claims do not exist indefinitely but are governed by laws which establish the time allowed for bringing litigation. The Department encourages you to take any action necessary to protect any such claims you may have against third parties. SITE INFORMATION Information provided on the RNF indicates that Volatile Petroleum Hydrocarbons(C5-C8 Aliphatic Hydrocarbons)were detected at concentrations that exceed the applicable Reportable Concentrations per 310 CMR 40.1600,which constitutes a 120-day notification condition. This 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 release and/or threat of release 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. Unless otherwise provided by the Department, potentially responsible parties ("PRP's") have one year from the initial date of notification to the Department of a release or threat of a release,pursuant to 310 CMR 40.0300, or from the date the Department issues a Notice of Responsibility,whichever occurs earlier, to file with the Department one of the following submittals: (1) a completed Tier Classification Submittal; (2) a Response Action Outcome Statement or, if applicable, (3) a Downgradient Property Status. The deadline for either of the first two submittals for this disposal site is May 24,2005. If required by the MCP, a completed Tier I Permit Application must also accompany a Tier Classification Submittal. The MCP . requires that a fee of$750.00 be submitted to the Department when a Response Action Outcome ("RAO") statement if filed greater than 120 days from the date of notification. You must employ or engage a Licensed Site Professional ("LSP")to manage, supervise or actually perform the necessary response actions at this site. You may obtain a list of the names and addresses of LSPs from the Board of Registration of hazardous Waste Site Cleanup Professionals by calling (617) 556- 1145 or visiting h_p://www.state.ma.us/lsp. The Department has David C. Bennett with Bennett & O'Reilly,Inc. as the LSP of Record for this release. If you have any questions relative to this Notice,please contact Michael Whiteside at the letterhead address or at (508) 946-2704. All future communications regarding this release must reference the following Release Tracking Number: 4-18458. Very truly yours, lie Richard F.Packard, Chief Emergency Response Release Notification Section P/MCW/re 3 NORINDay.Doc Attachments: Summary of Liability under M.G.L.c.21E fc: Board of Health Board of Selectmen Fire Department cc: Bennett&O'Reilly,Inc. 1573 Main Street Brewster,MA 02631 ATTN: David C.Bennett,LSP Dept. of Env. Protection 20 Riverside Drivet t Lakeville MA 02347 ,�P �- 1 • U.S.PCSTAGE ti - L� `J JUL'9'04 I 1 Barnstable Board of Health 200 Main St. Hyannis, MA 02601 �=.�a•�=:a. r .�w��,�:: 1i}.o�!9ai�l:il;�ii►�.�,a,li�1,}111�,:,1t.�i,�i!�liJf!!i!���i�li i t M i t itiliit' i tt mill it 1 ii il1 �f f YOU WISH TO OPEN A BUSINESS? For Your Information: Business certificates[cost$40.00 for 4 years. A business certificate ONLY REGISTERS YOUR NAME in town(which you must do by M.G.L.-it does not give you permission to operate.] You must first obtain the necessary signatures on this form at 200 Main St.,Hyannis. Take the completed form to the Town Clerk's Office, 1 st FI.,367 Main St., Hyannis,MA 02601 (Town Hall)and get the Business Certificate that is required by law. D : Fill in p ease: 0� F�- APPLICANT'S YOUR�H :E /S:BUSINESS- YOUR ADDRESS: SvS!-40 Sara v� r TELEPHONE # Home Telephone Number NAME OF CORPORATION: NAME OF NEW BUSINESS t A.? 1 TYPE OF BUSINESS IS THIS A HOME OCCUPATION? YES N ADDRESS OF BUSINESS .0 tit MAP/PARCEL NUMBER t I [Assessing] When starting a new business there are several things you must do in order to be in compliance with the rules and regulations of the Town of Barnstable. This form is intended to assist you in obtaining the information you may need. You MUST GO TO 200 Main St.-(corner of Yarmouth Rd.&Main Street) to make sure you have the appropriate permits and licenses required to legally operate your business in this town. 1. BUILDING COMMISSIO R'S OFFICE This individual ha ee ' formed of a rmit requirements that pertain to this type of business. A orized Signature**J COMMENTS: 2. BOARD OF HEALTH This individual has been informed of t r��require-m nts that pertain to this type of business. Authorized Signature COMMENTS: ceJ12 l 3. CONSUMER AFFAIRS(LICENSING AUTHORITY) This individual has been informed of the licensing requirements that pertain to this type of business. Authorized Signature* COMMENTS: 4 x�erviN�A I S VV Massachusetts Department of Environmental Protection BWSC-012A Bureau of Waste Site Cleanup Release Tracking Number- BILL OF LADING. (pursuant to 310 CMR 40.0030) H. CERTIFICATION OF PERSON CONDUCTING RESPONSE ACTION ASSOCIATED WITH THIS BILL OF LADING: I certify under penalties of law that I have personally examined and am familiar with the information contained in this submittal,including any and all documents accompanying this certification,and that,based on rrry inquiry of those individuals immediately responsible for obtaining the information,the material information contained herein is,to th best of my knowledge and belief,true,accurate and complete. I am aware that there are significant penalties,including,but not limited to,possibl fines and imprisonment,for willfully submitting false,inaccurate,or incomplete information. Signature: -p Date: '6b3 d 2 Name of Person(print): /X 007 j, �c ]l/'�ea4 m Revised 1013/94 Page 3 of 3 1 Massachusetts Department Of Environmental Protection 13WSC-012C Bureau of Waste Site Cleanup SILL OF LADING (PLtmuant to 310 CUR 40.0030) aN.as�Tracleq}{�,�' ' SUMMARY SHEET 7Q d L. ACKNOWLEDGEMENT OF RECEIPT OF REMEDIATION WASTE AT RECEIVING FACILITY OR TEMPORARY STORAGE LOCATIONt Recelvtng Faali yfremporary William R. Reinhardt . Manager Location Repro nt):we title: Signature: Date: /®L M.ACKNOWLEDGEMENT OF SHIPMENT AND RECEIPT OF REMEDIATIOH WASTE BY PERSON CONDUCTING RESPONSeACTION ASSOCIATED WITH THIS BILL OF LADING: and a�d under pennLs ehctom law that 1 have personally examined and am familiar with the Womtadon contained in this submittal,including any p nyiny this certification,and that,based on my tnqu, of chose indMduats anmediatety resPor sibte for obtaining the WoemaGon,the material information contained herein is,to fhe best of my knowledge and beget,true,accurate and complete. tam awnrr,L1at thorn are significant Penalties.inc(u6 ,but not limited to.possible lines and imprisonment,for A11fullj submitting false.inaccurate,or incomplete into Signature: Gate: -' Name of Person(p(int): A Revised 10/1/93 TArt lOnn es pentad or►reere►ed paper Page 2 of Massachusetts Department of Environmental Protection BWSC-012A Bureau of Waste Site Cleanup Release Tracking Number' BILL OF LADING (pursuant to 310 CMR 40.0030) ©- 17060 A. LOCATION OF SITE OR DISPOSAL SITE WHERE REMEDIATION WASTE WAS GENERATED: Release Name(optional): - -- Street: _Corner Barnstable Road and North Street Location Aid: City/Town: Hyannis ZIP Code: 02601 Date/Period of Generation: 5-21-02 to: 5-21-02 Additional Release Tracking Numbers Associated with this 8111 of lading: Note: if this Bill of Lading is the result of a Llmifed Removal Acrlon(LRA) taken prior to Noltfrcatlon, a Reresse 7rscsng Number a not needed. B. PERSON CONDUCTING RESPONSE ACTION ASSOCIATED WITH BILL OF LADING: NamaofOrganization: Town of Hyannis ' Name of Contact: Lee McConnell Title: Environmental Officer Street 200 Main Street Ciry/Town: Hyannis State: MA ZIP Code: 02601 Telephone: (509) R6 2-4740 Ext.: C. RELATIONSHIP.TO RELEASE OF PERSON CONDUCTING RESPONSE ACTION ASSOCIATED WITH BILL OF LADING: �RP or PRP Spedty: u Owner �_j Operator L] Generator Transporter V6ther RP or PRP: / �} Fiaudary,Secured Lender or Municipality with Exempt Status(as dahnee by M.G.L.c.21 E,6.2) Li Agency or Public Utility on a Rightof Way(as defined by M.G.L.a 21E,s.50)) COther Person: If an owner and/or operator is not conducting the response action associated with the Bill of Lading,provide on an attachment the name. contact person,address and telephone number,including any area code and extension,for each,0 known. D. TRANSPORTER OR COMMON CARRIER INFORMATION: Transporter/Common Carrier Name: Pavao ConstruCuiorl�_ Contact Person: Francis Grenon Title: Street: 1892 county Street MA 02715 City/Town: Dighton _ State: ZIP Code: Telephone: (508) 669-6755 Ext.-. _ E. RECEIVING FACILITY/TEMPORARY STORAGE LOCATION: Operator/FaciliryName: Aggregate Industries Env. Services Contact Person: William Reinhardt Title: Senior Sales Engineer Street: 230 Great Western Road 02660 South Dennis yore: MA ZIP Code: _ Telopnone: 7 81-3 41-5 5 0 0 ExL: Type of Facility: 'C Asphall Batch/Cold Mlx Landfill/Dispooal Incinerator C Temporary Storage (check one) Asphalt Estch/Hot Mix t: Landfill/Daily Cover Other: Cj Thermal Processing Ll Land5IVSlructuralFill EPA IdenNfication#: MAD985266384 S-01-027 NA Dlvlslon of Hazardous Waste/Class A Permit A. Division of Solid Westc Management Permit M: Actual/Anticipated Period of Temporary Storage(specify dales 0 applicable): lo: Reason for Temporary Storage: Page 1 d 3 Revised 10094 ca/ba 7ndrl 9NI833NIMN3 A31039 IT68ZL880ST EE:80 Z00Z/ET/90 Massachusetts Department of Environmental Protection BWSC-012A Bureau of Waste Site Cleanup Release Tracking Number' BILL OF LADING (pursuant to 310 CMR 40.0030) a 17060 E. RECEIVING FACILfTY(TEMPORARY STORAGE LOCATION(continued): Temporary Storage Address: Street: CityrTown: State: ZIP Code: F. DESCRIPTION OF REMEaATION WASTE: (creek all that apply) Contaminated Media(check all that apply): ( Soil O Groundwater O Surface Water O Other- Contaminated Debris(check all that apply): O Vegetation or Organic Debris n Demolilion/Construction Waste OInorganic Apsorbant Materiels t0 Other Nonhazardous Uncontainerized Waste(check all tnet apply): O Non-aqueoua Prase Llqui(l O Other: Nonhazardous Containeri2ed Waste;check all that app4r): O Tank Bottoms/Sludges 0 containers O Drums OEnglneered Impoundments O Other. Type of Contamination(check all that apply): 2 Gasoline 11 Diesel Fuel 1:1 #2 Oil [] k4 Oil [] 06 Oil Wasto Oil ❑ Kerosone Jet Fuel11 Other- Estimated Volume of Materials: Cubic Yards: y17 Tons: Other: - Contaminant Source(check one/specify): ❑ Transportation Accident 2 Underground Storage Tank Other, Response Action Associated with Bill of Lading(check one): V Immediate Response Action 0 Release Abatement Measure Utility-Related Abatement Measure Limited Removal Action Comprehensive Response Action Other Remediation Waste Charcterization Support Documentation attached: 520 Site istory Information. Lti Sampling and Analytical Methode and Procedurom: Laboratory bats ❑ Field Screening Data H If supporting documentation is not appended,provide en attachment elating lhedste and in connection with what document such Information was previously submitted to DEP. G. LICENSED SITE PROFESSIONAL(LSP)OPINION: Name of Organization-. GeoTek Engineering Inc. LSP Name: Brian Lonaval Title: Mdnader tal niyisi• Telephone: .-(617) 446-5017 Ext.: I attest under the pains and penalties of perjury that I have personally examined and am familiar with this submittal,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 (iii)the provisions of 309 CMR 4.03(5), to the best of my knowledge,information and belief,the assessment actions undertaken to characterize Me Remediation Waste which is(are)the subject of this submittal tar acceptance atttte facility Ieentitlea In this sutmittal comply with the bpplicable provisions of 310 CMR 40.0000.and such facility is permitted to accept Remediation Waste having the cherseterlatics d6cribed in this submiltal. I am aware that significant penalties may result, including,but not 6im4ed to,possible fines and impri ent,H I submit inbrmation which I know to bgkq(VAW rate or materially incomplete. .Irv-► tt{OFff( rat• T LSP Signature: 4 Seal: ��� S JI N Date: - 6-6-02 V LO\GVAL y ma . r)a.4057 f' T,a License Number: - 4057 �r snE;51,;+a Revised 1013/94 Page 2 of 3 I ca/Cra 710"A c)NTH33NIE N3 AH039 TT68ZL880ST EE:80 Z00Z/ET/90 Massachusetts Department of Environmental Protection BWSC-012B Bureau of Waste Site Cleanup BILL OF LADING (pursuant to 310 CMR 40.0030) Release Tracking Number j ©� SUMMARY SHEET OF - 17060 I. LOAD INFORMATION: Sig h r f T jr�nsporter ntative: i R;��eff Storage Representative: Load 1: Date/.of/Ship ,(ti � ./Time of Shipment i pate f R ' t Tim�ef of Receipt Z (1 /141G 'e--~ tiI�• I rJ AM ❑ PM �j/ Z. d ��/ � ❑ PM n: Trailer Registration(if any): ' TrucklTractorRegistr(a�ta �-��{ �1 /n Coadsfze cu.Zs nns): Load 2: Signatiure of Transporter Representative: , Receiving Faality/Temporary Storage Representative: a r r Date of Shipment: Time of Shipment Date of Receipt Time of Receipt ❑ AM ❑ PM AM ❑ PM TruckfTractor Registration: Trader Registration(f any): r r Load Size(cu.ydsJtons): r Load 3: Signatiure of Transporter Representative: Receiving FacilityrTemporary Storage Representative: Date of Shipment: Time of Shipment: ; Date of Receipt ❑ AM n PM Time of Receipt rt AM (� PM Truck/Tractor Registration: Trailer Registration(if any): 1_t Load Size(cu.ydsJtons): Signadure of Transporter Representative: Load 4: r Receiving Facility/Temporary Storage Representative: Shipment Date of Shipment: Time of Shi p ' Date of Receipt Time of Receipt ' ❑ AM ❑ PM DAM ❑ PM TruckfTTractor Registration: Trailer Registration(if any): r i Load Size(cu.ydsJtons): r Load 5: Signatiure of Transporter Representative: Receiving Facility/Temporary Storage Representative: t r Date of Shipment: Time of Shipment: Date of Receipt: Time of Receipt AM ❑ PM ❑ AM � PM r r Truck/Tractor Registration: Trader Registration(f any): r r load Size(cu.ydsRons): r Load 6: Signatiure of Transporter Representative: i Receiving FaclityfTemporary Storage Representative: r r Date of Shipment: Time of Shipment: i Date of Receipt Time of Receipt: ❑ AM PM t ❑ AM PM U r Truck/Tractor Registration: Trader Registration(id any): i Load Size(cu.ydsltons): t J. LOG SHEET VOLUME INFORMATION: Total Volume Recorded This Page(cu.ydsJtons). Total Carried Forward(cu.ydsAons): Total Carried Forward and This Page(cu.ydsJtorts): Page 1 of 1 Revised 1U3194 Massachusetts Department of Environmental Protection BWSC-012C Bureau of Waste Site Cleanup BILL OF LADING (Pursuant to 310 CMR 40.0030) a Tr.�t,�►�,,,, ' -SUMMARY SHEET of .j_ K. SUMMARY OF SHIPMENTS: DATE OF SHIPMENT: DATE OF RECEIPT: NUMBER OF LOADS SHIPPED: DAILY VOLUME SHIPPED(CU.YD JTON; --------------- —.-- -------- ---------------------------- --------------------------- 0 -------------------------------- ----------- -------------- --------' -= ---------- --------------- --------------- --------------------------- -----------------=--------- ---------------- ----------- a -- --------------------------- --------------------------- --------------- --------------- --------------------------- --------------------------- --------------- ---.------------ ---------------------------- ---.------------------------ --------------- --------------- --------------------------- --------------------------- --------------- --------------- --------------------------- --------------------------- ------=-------- --------------- --------------------------- --------------------------- --------------- --------------- --------------------------- -----------------=--------- --------------- --------------- --------------------------- -------------=------------- --------------- --------------------------- --------------------------- --------------- --------------- --------------------------- --------------------------- --------------- --------------- --------------------------- --------------------------- ---------------- ---------------- ----------------------------- --------------------------- --------------- --------------- --------------------------- --------------------------- --------------- --------------- --------------------------- ------------------------- --------------------------- --------------------------- --------------- --------------------------- --------------------------- ---------------- --------------------------- ---------------- ---------------- ----------------------------- -------------------------- --------------- ---------------- ---------------------------— -------------------------- --------------- --------------- --------------------------- -------------------------- ---------------- --------------------------------------------- ---------------------- SUMMARY SHEET TOTAL SHIPPED: 3�� BILL OF LADING TOTALSHIPPtD(only If different): Revised 101I194 r s pn n r yc paper. Page Sou h Dennis Pardon Trizount, inc. SCALE TICXET T 10-.-i 33 South Dennis CUNGER i ii It S77E,,3! Vi LOAD 250�50 5 0 i . N".z-i 1 1161 Q R D Elli MUCK 7, --Yi 7 25M RECY MY- 6AS 3 OC to tw, i AGGREGATE TI�I<ET NQ: INDUSTRIES SCALE DATE TIME TRUCKER NO. TRUCK NO. :USTOMER'` P(ACHaSE ORDER NO'.;-"-' 'PRODUCT.CODE SALE-TYPE -.` ZONE ;-`PI ART N0. PROJECT NO. 'WADS" ACCUM.AMOUNT USTOMER NAME JOB NAME/biRECTIONS RODUCT QUANTITY UNIT PRICE AMOUNT MEGAGRAMS POUNDS TONS GROSS TRUCKING RATE TARE TAX NET TOTAL DUE ARRIVE.JOB. ` ', .DEPART.JOB. WAITING TIME WEIGHTMASTEF I/We relieve the seller of any liability for personal injury or property damage when deliveryjs made beyond the curb line. Your business is;,greatly u�alued. Driver: Waiting time in-excess of 1/4 hour will be charged a Received by: l ' ' ~—�. current prices. 3/00) AI-25 CUSTOMER COPY CONTROL NO. 6) 2 ;, :- GeoTek 15 Beulah Street •Framingham,MA 01701 f4'Engineeringq Inc. Ph:508-872-8495•Fax:508-872-8911 •email:Julia@geotek-eng.com July 2, 2002 Attn: Thomas McKean Town of Hyannis Board of Health 200 Main Street Hyannis, MA 02601 RE: Barnstable Road & North Street Site RTN #4-17060 Dear Mr. McKean: Enclosed are two documents pertaining to the gasoline spill which occurred at the above referenced project site. Both documents require original signatures, prior to final submittal to the Mass. DEP. The "Release Notification Form" requires signature in Section G. The "DEP Bill of Lading" requires signature in Sections H. & M. Regarding Section H, you can send us the original copy you had previously signed for waste shipment, if you have that in your possession, or you can re-sign the enclosed page. Section M will require your signature to acknowledge receipt of the waste by the Aggregate Industries' plant in South Dennis, Mass. The bill of lading has been signed by Aggregate Industries, verifying their receipt of the waste, and the weight slip is attached. Please make copies for your records and mail back the original signature copies as soon as possible. Please mail to Geotek at the above address. If you have any questions, or if I can be of any further assistance, please do not hesitate to contact me at (508)872-8495 Ext.17 or cellphone (508)735-4786 or contact our LSP, Brian Longval, at (617)448-5017. Respectfully, Ga . Buckman Remediation Manager . Visit our Web site: http://www.geotek-eng.com