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Home My WebLink About0378 BARNSTABLE ROAD - Health (4) t +25 Iyannough Road = ( 1 Hyannis CAL' A= 311*= 026' T.I Max f i i a a I COMMONWEALTH OF MASSACHUSETTS FAIRS f EXECUTIVE OFFICE OF ENVIRONMENTAL DEPARTMENT OF ENVIRONMENTAL PROTECTION 20 RIVERSIDE DRIVE, LAKEVILLE, MA 02347 508-946-2700 a °,,M see"• BOB DURAND ARGEO PAUL CELLUCCI Secretary Governor LAUREN A.LISS Commissioner JANE SWIFT Lieutenant Governor URGENT LEGAL MATTER:PROMPT ACTION NECESSARY CERTIFIED MAIL:RETURN RECEIPT REQUESTED April 6,2000 Dr.Richard A. Symuleski RE: BARNSTABLE-BWSC BP Amoco Jet Incident Manager,Crisis Management Rt.28 &TJMaxx/Staples Parking Lot BP Amoco Corporation RTN#4-15365 Mail Code CMC 150 West Warrenville Road . Naperville,Illinois 60563 ` NOTICE OFRESFONSIBILITY M.G.L.c. 21E,3I0 CMR 40.0000 ATTENTION: Dr. Symuleski On March 17, 2000 at 8:00 pm the Department of Environmental hazardProtecous material athe t above received oral notification of a releaseone or more response release .ona A Dand/or saul Faldcon 900 corporate jet slid referenced property which requiresest in off the end of the runway at Barnstable Municipa uel tank were rport crossede ruptuoute red and came leasing tan oestimat d 1000 to r / Staples shopping plaza parking lot. The onboard 1300 gallons of aviation fuel. The fuel impacted three catch lean Harbors Environmental Services wet re retaoned storm drain system discharging into Hyannis Harbor. C to conduct the required response actions. The Massachusetts Oil and Hazardous Material Release Prevention CMR 40 and require the performance c.21E, and the Massacons husetts Contingency Plan (the MCP ), of response actions to prevent harm a health, safety, publicconduct of such actions.1 The purpose ronment cof has notice from this release and/or threat of release and govern the cothe release at for assessing is to inform you of your legal responsibilities undons b li y,er State he teams and phrases used herein and/or remed n shall have the this property. For purposes of this Notice of Resp . ty, meaning ascribed to such terms and phrases by the MCP unless the context clearly indicates otherwise. This information is available in alternate format by calling our ADA Coordinator at(617)5746872. s DEP on the World Wide Web: http://www.magnet.state.ma.us/dep Printed on Recycled Paper I 2 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 BP Amoco Corporation)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 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. The following Immediate Response Actions were approved by the Department during the multiple day field response: ♦ Deployment of Absorbent/Containment Materials. Absorbent and containment materials were deployed over the entire parking lot, around the plane and at the harbor out-fall pipe. Approximately eighty (80) cubic yards of sand was used to absorb fuel in the parking lot, contain fuel leaking from the plane so it could be recovered and to prevent further impact to the on site catch basins. Absorbent and containment booms and absorbent pads were deployed at the Hyannis Harbor outfall pipe located off of South Street. The absorbent and containment booms will be maintained inplace,until the threat of further release is elimiated. ♦ Removal and Handling of Contaminated Sand Sand deployed in the parking lot was removed with a sweeper, stockpiled and immediately transferred into roll off containers. The containers were temporarily stored at the Barnstable Municipal Airport. ♦ Evacuation of Parking Lot Catch Basins. A vacuum truck and vactor were used to evacuate aviation fuel, water and the contaminated sediments from the parking lot catch basins. The process was repeated to remove any residual material. ♦ Evacuation of the Impacted Storm Water Drainage System. Starting on Barnstable Road adjacent to the parking lot, open each manhole to determine the 1.5 mile drainage route down to the harbor out-fall. It was.determined that the line runs down Barnstable Road, down Center Street, across Main Street, through the Heritage House Hotel parking lot, through a wooded area, across South Street and down to the out fall pipe. All recoverable water, aviation fuel,fire suppression foam and contaminated sediment was evacuated from each manhole along the 1.5 mile drainage route to the harbor outfall using a vacuum truck and vactor. - 3 ♦ Flushing of the Storm Drain System. A controlled flushing of the drainage system was conducted after the contents were removed by adding clean water at an upgradient manhole and capturing and recovering it one to two manholes down the system. This process was repeated along the entire drainage run from Barnstable Road to the harbor out-fall pipe. ♦ Soil Excavation in the Parking Lot. On March 21, 2000 approval was granted to remove up to 100 cubic yards of impacted soil from the area of the parking lot where the plane came to rest. On March 23, 2000 an additional fifty (50) cubic yards was approved for a total of 150 cubic yards. ♦ Assessment of Soil and Groundwater Impact on the Parking Lot. Test borings were installed in the parking lot around'each of the catch basins to determine the extent the aviation fuel migrated into the,soils and, where appropriate, were constructed into groundwater monitoring wells. Sediment samples were collected, where appropriate, from the bottom of the catch basins to determine if additional response actions are required. ♦ Complete Flushing of the Drainage System. On March 24, 2000 approximately 6000 gallons of water was pumped into the drainage system on Barnstable Road near the parking lot and allowed to discharge into the harbor. Containment and absorbent materials were present.to capture any released material. A vacuum truck was in place at the out-fall to recover any material. ♦ Preparedness for Substantial Rain Event. On March 28, 2000 heavy rainfall was forcasted. In preparation Clean Harbors arranged to provide 24 hour monitoring and have a vacuum truck inplace.at the harbor outfall ready to recover material. The containment and absorbent boom was in place and readied for substantial flow from the out-fall pipe. . ♦ Assessment of Soil and Sediment in the Storm Drainage System. After a substantial rain event the soil and/or sediment in the portions of the drainage system, which do not have solid bottoms;will be sampled and analyzed. Samples will also be collected from an unrelated line of the drainage system to represent the background conditions. ♦ All Remediation Waste must be properly stored/handled and disposed of within 120 days from the date of generation per 310 CMR 40.0030. ACTIONS REQUIRED Additional submittals are necessary with regard to this notification including, but not limited to,the filing of a written IRA Plan, IRA Completion Statement and/or an RAO statement. The MCP requires that a fee of$750.00 be submitted to the Department when an RAO statement is filed greater than 120 days from the date of initial notification. Specific approval is required from the Department for the implementation. of all IRAs, and Release Abatement Measures (RAMS) pursuant to 310 CMR 40.0420 and 310 CMR 40.0443, respectively. Assessment activities, the construction of a fence and/or the posting of signs are actions that are exempt from this approval requirement. In addition to oral notification, 310 CMR 40.0333 requires that a completed Release Notification Form (BWSC-103, attached) be submitted to the Department within sixty (60) calendar days ofMarch 17, 2000. 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 these licensed professionals from the Board of Registration of Hazardous Waste Site Cleanup Professionals 4 at (617) 556-1145. The Department has Dana Simpson with Clean Harbors as the LSP of Record for this release. In addition, the Department requires that you submit a written IRA Plan to this office which addresses remedial actions to be taken at this location within sixty (60) calendar days of March 17,2000. 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 isMarch 17, 2001. If required by the MCP, a completed Tier I Permit Application must also accompany a Tier Classification Submittal. 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. If you have any questions relative to this Notice, please contact Julie J. Hutcheson at the letterhead address or at (508) 946-2852. All future communications regarding this release must reference. the following Release Tracking Number:4-15365. Very truly yours, Richard F. Packard, Chief Emergency Response/Release Notification.Section P/JJH/re CERTIFIED MAIL#Z 240 878 514 RETURN RECEIPT REQUESTED Attachments: Release Notification Form;BWSC-103 and Instructions Summary of Liability under M.G.L. c.21E cc: Mr. John Klimm Town Manager Town of Barnstable 367 Main Street Hyannis,MA 02601 Town of Barnstable Board of Health 367 Main Street ' Hyannis, MA 02601. . Deputy Chief Dean Melanson Hyannis Fire Department 95 High School Road Ext. Hyannis,MA+02601 5 .cc: Mr.Thomas Mullen,Director Department of Public Works Town of Barnstable 367 Main Street Hyannis,MA 02601 Barnstable Water Co. 47 Old Yarmouth Road P.O.Box 326 Hyannis,MA 02601 ATTN: George Wadsworth,President Barnstable Municipal Airport Boardman-Polando Field 480 Barnstable Road-2nd Floor Hyannis,MA 02601 ATTN: John McDonald,Airport Manager Clean Harbors Environmental Services 530 East First Street South Boston,MA 02127 ATTN: Dana Simpson,LSP BP Amoco Corporation . 41 Regan Road Ridgefield,CT 06877 ATTN: Charles H.Wein,Env. Bus.Mgr. Delta Environmental,Inc 1134 North Road P.O.Box 52 Carlisle,MA 01741-0052 ATTN: Tony Mariano,Project Mgr. J.P.A.Corp. 200 Stuart Street Boston,MA 02116 ATTN: Taki Pantazopoulos Mr. Heyworth G.Bacus P.O.Box 25 Centerville,MA 02632