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HomeMy WebLinkAbout0032 BAXTER ROAD UNIT BLDG 1 UNIT 6 - Health 32'Baxter Road Sewer Acct #2'892 : k..trcA0 310= 121, OOF o I o i ii i a o o o F TRIUMVIRATE ENVIRONMENTAL PROVIDING LONG-TERM, INNOVATIVE SOLUTIONS July 9,2008 Town,of Barnstable Town of Barnstable Health Department ` John Klimm,Town Manager Thomas A. McKean, Director Town Hall,2nd floor 200 Main Street 367 Main Street Hyannis,MA 02601 Hyannis,MA 02601 RE: Release Notification and Response Action Outcome 32 Baxter Road,Hyannis, MA RTN:4-21245,Project Number: C3584 Dear Mr. Klimm and Mr. KcKean: Pursuant to the public notification requirements of the Massachusetts Contingency Plan (MCP), 310 CMR 40.1400; this letter informs your office that a Release Notification Form has been completed for a release at the referenced location. A Response Action Outcome (RAO) Statement have been prepared and submitted to the Massachusetts Department .of Environmental Protection (MA DEP) Southeast Regional Office in Lakeville, Massachusetts. The Report summarizes site-specific conditions relating to the release, mitigation, and background condition assessment of a sodium hypochlorite spill at the noted property. An Immediate Response Action (IRA) was conducted, a permanent solution was achieved, and the disposal site was returned to background conditions. Conditions at the Site support a Class A-1 RAO pursuant to the 310 CMR 40.1000. No hazards to health, safety, public welfare or the environment have been identified or are anticipated at the property. If you have any questions regarding this notice, please feel free to contact me. If you wish to review the Release Notification and RAO Statement, please contact the MA DEP Southeast Regional Office at(508) 946-2718 and refer to Release Tracking Number 4-21245. Sincerely, TRIUMVI ENVIRONMENTAL INCORPORATED .-.a p { • - („� ten-.., C Craig as., r" -cam Seni r. ngmeer �l cc: Jeffrey Ehart Y�ii` :x..<l rt. n.�{t V..F' ,... •r . 1 ... i- '� .. _ r_. r , _.� .•....-_�. m hiumvirate.com 61 Inner Belt Road•Somerville,MA 02143 1500 Carbon Avenue•Baltimore,MD 21226 42-14 19+h Avenue.Astoria,NY 11105 800.966.9282 phone•617.628.8099 fax 800.404.8037 phone.410.636.0260 fax 800.427.3320 phone 9 718.726.7319 fax f ' i COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PRO �J SOUTHEAST REGIONAL OFFICE U� 1 20 RIVERSIDE DRIVE, LAKEVILLE, MA 02347 508-946- DEVAL L.PATRICK IAN A.BOWLES I Governor Secretary TIMOTHY P.MURRAY LAURIE BURT Lieutenant Governor Commissioner URGENT LEGAL MATTER: PROMPT ACTION NECESSARY May 30,2008 Mr.D.Jeffrey Ehart,President RE: BARNSTABLE-BWSC Cape Cod Commercial Linen Service,Inc. Catch Basin Du PO Box 11 ? Lewis Road qfSaxter Avenue,Hyannis W.Hyannisport,MA 02672 C7 RTN#4-2124 1 r 00 NOTICE OF RESPONSIBILITY Il REQUEST FOR INFORMATION WITH ENFORCEABLE INTERIM DEADLINE M.G.L. c.21E,310 CMR 40.0000 ATTENTION:Mr.Ehart On May 12, 2008 at 8:30 AM the Department of Environmental Protection ("MassDEP ")received oral notification of a release and/or threat of release of oil and/or hazardous material at the above referenced property which requires one or more response actions. Approximately two (2) gallons of Sodium Hypochlorite was dumped into a catch basin. The Sodium Hypochlorite then reacted with water and organic debris within the catch basin creating a potential Imminent Hazard. 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. MassDEP 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. MassDEP also has reason to believe that you(as used in this letter, "you"refers to Cape Cod Commercial Linen Service,Inc.)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. This information is available in alternate format.Call Donald IN'1.Comes,ADA Coordinator at 617-556-1057.TDD#866-539-7622 or 617-574-6868. DEP on the World Wide Web: http://www.mass.gov/dep Zia Printed on Recycled Paper I � 2 MassDEP 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 MassDEP 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 j 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. MassDEP encourages you to take any action necessary to protect any such claims you may have against third parties. At the time of oral notification to MassDEP, the following response actions were approved as an Immediate Response Action(IRA): Continued assessment. 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 a Response Action Outcome (R.AO) statement. The MCP requires that a fee of$1,200 be submitted to MassDEP when an RA statement is filed greater than 120 days from the date of initial notification. Specific approval is required from MassDEP for the implementation of all IRAs 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 MassDEP within sixty(60)calendar days of May 12,2008. 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 by calling(617)556-1091 or visiting htt ://www.state.ma.us/lsp. REQUEST FOR INFORMATION MassDEP requires that the following information be provided for review within thirty (30) days from receipt of this Notice. This deadline constitutes an enforceable interim deadline established pursuant to 310 CMR 40.0167. • A written description of the events which led up to the release of Sodium Hypochlorite, the parties involved, and measures taken to prevent the release. The description should include the source from which the Sodium Hypochlorite originated, the reason why it was transported off the site, and a description of how the Sodium Hypochlorite was disposed of. C 3 Unless otherwise provided by MassDEP, potentially responsible parties ("PRP's") have one year from the initial date of notification to MassDEP of a release or threat of a release, pursuant to 310 CMR 40.0300, or from the date.MassDEP issues a Notice of Responsibility,whichever occurs earlier,to file with MassDEP one of the following submittals: (1) a completed Tier Classification Submittal; (2) an RAO Statement or, if applicable, (3) a Downgradient Property Status. The deadline for either of the first two submittals for this disposal site is May 12, 2009. 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 Andrew L. Jones at the letterhead address or at (508) 946-2785. All future communications regarding this release must reference the following Release Tracking Number: 4-21245. Very truly yours, Daniel Crafton,Acting Chief Emergency Response/Release Notification Section C/ALJ/re P:W-21245-NOR.doc CERTIFIED MAIL#7006 3450 0002 844 2200 Attachments: Release Notification Form;BWSC-103 and Instructions Summary-of Liability under M.G.L.c.21E MassDEP's guide to hiring a Licensed Site Professional. cc: Board of Health Board of Selectmen 200 Main St. Hyannis,MA 02601 Fire Dept 95 High School Rd Ext. Hyannis,MA 02601 1q, 121. 00 6r ­V TOXIC AND HAZARDOUS MATERIALS GISTRATION FORM �3 NAME OF BUSINESS: •-Ine 'lad, AL Mail To: BUSINESS LOCATION: Board of Health MAILING ADDRESS: Town of Barnstable P.O. Box 534 TELEPHONE NUMBER: _.�,�?JS S`f:.2 Hyannis, MA 02601 CONTACT PERSON: t;gd�nz e ' (i%s EMERGENCY CONTACT TELEPHONE NUMBER:AWM /. VXJ;WM, _50z?400_24W Does your firm store any of the toxic or hazardous materials listed below, either for sale or for your own use, in quantities totalling, at any time, more than 50 gallons liquid volume or 25 pounds dry weight? YES NO This form must be returned to the Board of Health regardless of a yes or no answer. Use the enclosed envelope for your convenience. j If you answered YES above, please indicate if the materials are stored at a site other than your mailing address: ADDRESS: TELEPHONE: LIST OF TOXIC AND HAZARDOUS MATERIALS The Board of Health has determined that-the following products exhibit toxic or hazardous character- istics and must be registered regardless of volume. Please estimate the quantity beside the product that you store: Quantity/Case Quantity/Case 'Antifreeze (for gasoline or coolant systems) Drain cleaners Automatic transmission fluid QXS, Toilet cleaners Engine and radiator flushes Cesspool cleaners t _ Hydraulic fluid (including brake fluid) - Disinfectants '!d00 Motor oils/waste oils Cj 4VIV-S - Road Salt (Halite) Gasoline, Jet fuel (J 306 - Refrigerants Diesel fuel, kerosene, #2 heating 6161A(*6 Pesticides (insecticides, herbicides, -40 Other petroleum pr ucts: grease, lubricants rodenticides) -- Degreasers for engines and metal Photochemicals (fixers and developers) — Degreasers for driveways & garages — Printing ink Battery acid (electrolyte) &,7 V%. Wood preservatives (creosote) Rustproofers — Swimming pool chlorine Car wash detergents -- Lye or caustic soda Car waxes and polishes Jewelry cleaners i Asphalt & roofing tar Leather dyes Paints, varnishes, stains, dyes 5 ew_s Fertilizers (if stored outdoors) �— Paint & lacquer thinners PCB's Paint & varnish removers, deglossers Other chlorinated hydrocarbons, Paint brush cleaners (inc. carbon tetrachloride) 0A,PSOMPOIZ Floor & furniture strippers Any other products with "Poison" labels �. Metal polishes (including chloroform, formaldehyde, — Laundry soil & stain removers hydrochloric acid, other acids) # (including bleach) Other products not listed which you feel may Spot removers & cleaning fluids be toxic or hazardous (please list): (dry cleaners) Other cleaning solvents Bug and tar removers Household cleansers, oven cleaners White Copy- Health Department/ Canary Copy-Business I 0 satisfactory 2.Printers 3.Auto Body Shops • ' , J .� 1 F t,� unsatisfactory-"Orders") • 6.Fuel Suppliers • �:� 7.Miscellaneous Case lots Drums Above Tanks Underground Tanks Emmons FAILEMEN ►'l� .� • � � III o _ • . FMAN' -A T ,... I'm's A 4 MA M, -1 W!2 • •- �i� ' • • • _ 1l-sk i - �� ► .t�, JANh SAM Name of Hauler Destination Waste Product Licensed? IN i • • 'LIANCE: CLASS: 1.Marine,Gas Stations ' ep 0 unsatisfactory- 4.Manufacturers • • • , • satisfactory 2.Printers (see"Orders") 5.Retail Stores 6.Fuel Suppliers 7.Miscellaneous Case lots Drums Above Tanks Underground Tanks 0 MOM 090—WOL w—IME IENNAVAI� NM • 10090 i► LINNIMMIN Sul 11000M spowl, MENEM , M _ i�►:i MEN Ft9,J" FA4k0E00M I 1XI, IOU off IN MPVVJII�� •• ON 0M �� 1 j.. ' /• Name of Hauler Destination Waste Product Licensed? IVA40 %r _ FANZY�i1I���1