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