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HomeMy WebLinkAbout0030 ENTERPRISE ROAD - Health .111 0-Enterpri se,Road. Hynnis{ �vcttTt Sim, C i s . Cv' . 2 021 110 i TOWN OF BARNSTABLE �7`d'3` /mot✓A��q Q od G o i-F zk.00ATION 3 ® t+y4v-Ns SEWAGE # EfJILLAGE ASSESSOR'S MAP & LOT . 001 INSTALLER'S NAME PHONE NO. " �)SEPTIC TANK CAPACITYo;2—/S00 6,4I, L� LEACHING FACILITYAtype) (size) NO. OF BEDROOMS 0 PRIVATE WELL O PUBLIC WAT� BUILDER OR OWNER �� fldd log LsES DATE PERMIT ISSUED: DATE COMPLIANCE ISSUED: VARIANCE GRANTED: �'es No w a rn J • \ v`N'7 t� O C7 BUSINESS LICENSES, LLC 21 Robert Pitt Drive Suite 310•Mousey,NY 10952•845.356.8390•Fax 845.356.8397 5/23/2013 Barnstable Health Department 200 Main Street Hyannis, MA 02601 RE: Junk Dealers License To Whom It May Concern: Enclosed is the Application for a Junk Dealer License in the Town of Barnstable that was completed by our customer ecoATM, Inc. Please sign off on this application and fax the signed form to Attn: Hinda at 845-207-3610. If there is any issue with this request, or if you require any further information, kindly contact our Business Licensing division directly at the number or address listed below. Thank you, �cbcda �wz�eiz Business Licenses, LLC 21 Robert Pitt Drive, Suite 310 Monsey NY 10952 845-356-8390 ext. 112 barberh@businesslicenses.com YOU WISH TO OPEN A BUSINESS? 1=or Your Information- Business Cerfiflcates cost $40.00 for 4 years, A Business Certificate ONLY REGISTERS YOUR NAME in the Town (WHICH YOU MUST DO according to M-G.L. It does not give you permission to operater). You must first obtain the necessary signatures on tFtm form at 200 Main St., Hyannis. Take the completed form to the Tvwn Cleric's Office, Vt FI., 367 Main St, Hyannis, MA 0260'1(Town Hall) and get the Business Certificate that is required bylaw. - ,,, DATE 5/1/2013 Fill in please: ' APPLICANT'S YOUR NAME/CORPORATE NAME ecoATM,Inc. BUSINESS TYPE: secondhand dealer BUSINESS YOUR HOME ADDRESS. 10515 Vista Sorrento EhM,San Diego.CA 92121 868-381.5552 -o TELEPHONE # Home Tele phave Kumber 558-381-5552 NAME OF NEW ISUSKESS ecoATIA Inc. E N., Zb-3679952 Have you been given approval from the building dhils'ion? YES_I[7 FIQ ADDRESS OF B US]NESS Cap e Cod Mall,793 I annough RoadHyannls,MA 02601 MAPIPARCEL NUMBER ?,93/02d 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 infonTeation you may need_ You MUST GO TO 200 Maim 6t.-- (corner of Yarmouth Rd_ & Main Street) to make sure you have the appropriate permits and licenses required to.legally aperabe your.business in this town. 11- BUILDING COM ISM R'S OF E This tndivid al h a info d ny r f rnt re iremen s that pertain to thistype of business. i igr<aturex' COMMENTS: 2, BOARD OF HEALTH This indNidual has beenf of the penmft requirements that pertain to this type of business. AuthodzCOMMENTS= � (�a «.t 1 e Vl0 RVl t�2 K,04 3. CONSUrAER AFFAIi ;ENSl UTHORITY) , This indhAdual has n inf o the Iloert ing requirements that pertain to this type of business. o A ortzed gnalure— 1 COMMENT&- L1 V Cam. Qt��, 5'p 96 -- - �-fffate - ��c< Cd ac�f g617 97e Commonwea"i Of JAU���O� lo cf E Daniel S. Greenbaum ,,// N IS Commissioner ��GL¢Evu�i r l' �6�t A cly";167 Gilbert T. Joly tENV;Ro,1j4&JENTAL PROTECUON Regional Director El (;U ; May 1, 1990 Cape Cod Golf Realty Trust RE: BARNSTABLE--WSC/SA-4-0782 30 Enterprise Road Nevada Bob's, 30 Qw Hyannis, Massachusetts 02601 Road, PHASE II REPORT REVIEW, M.G.L. , Chapter 21E, and 310 CMR 40.000 ATTENTION: Mr. Patrick Riley Gentlemen: The Department of Environmental Protection, Bureau of Waste Site Cleanup (hereafter, the Department) is in receipt of a report titled "Phase II - Hazardous Waste Evaluation" for the property located .at 30 Corporation Road in Hyannis, Massachusetts (hereafter, the site) . The report was prepared by Gale Associates, Inc. on behalf of Nevada Bob' s and dated March 1990. The report addresses the Phase II - Comprehensive Site Assessment as required by 310 CMR 40..000, The Massachusetts Contingency Plan (hereafter, The MCP) . The following is a summary of the previous activities which took place at the site commencing in January of 1989 and are described in the Phase II report. A Phase I - Limited Site Investigation was performed on the site which included the installation of six (6) monitoring wells. Soil and groundwater testing revealed the presence of tetrachloroethylene (PCE) in the groundwater. The source of the contamination was discovered to be an on-site septic system which was attributed to dry cleaning operations conducted at the site by the previous owner, a bridal shop. There was no soil contamination found at the site. In addition, the removal of an underground fuel oil tank containing #2 fuel oil took place at the site on October 26, 1989. Approximately six (6) cubic yards of contaminated soil was removed from the vicinity of the tank on December 6, 1989 and later disposed of off-site. Soil and groundwater samples taken 4 at the time of the excavation were analyzed for total petroleum hydrocarbons (TPHs) . Results from these tests were determined to warrant no further action with regards to the tank removal at that time. Original Printed on Recycled Paper ' J r -2- Additional information, pertaining to the PCE contamination at the site was necessary to complete the requirements per 310 CMR 40.545. Therefore, on February 27, 1990, two (2) additional monitoring wells were installed off-site downgradient of the release. Following all pertinent testing and sampling at the site, the Phase II report and a risk assessment was developed. The Phase II report reveals that the nearest sensitive environmental receptor taken into consideration in the risk assessment evaluation is a municipal water supply well located approximately 7, 500 feet downgradient of the site. .Sampling for volatile organic compounds (VOCs) revealed that the only concentrations of PCE detected in the groundwater at the site as of February 28, 1990 were confined to one monitoring well adjacent to the on-site septic system. The monitoring well that was installed off-site downgradient to the release revealed no detectable levels of PCE in the groundwater. Utilizing site specific conditions during the risk assessment evaluation, a projected exposure point concentration at the nearest exposure point, the municipal well, was zero. Based upon this information, the Department is of the opinion that the release of PCE into the groundwater is minimal and localized to the vicinity of the septic tank. Therefore, the Department concurs with Gale Associates that no further action is necessary at this time. However, the Department is requiring that all on-site and off-site monitoring wells be monitored and tested for TPHs and VOCs every three (3) months for a period of one (1) year. After each set of samples, your consultant must submit to the P Department the analytical results of the testing and recommendations for further remediation, if necessary.. The first sampling report must be submitted to the Department in July of 1990. If you have any questions regarding this matter, please contact Cathy Dors at (508) 946-2867 . In any correspondence to this office, please refer to case number WSC/SA-4-0782. Very truly yours, Mark J. egle Ch' f Site Remediation Section B\CJD\re cc: DEP - BWSC - Boston DEP - SERO - DATA ENTRY • -3- cc: Board of Health Town Hall 367 Main Street Hyannis, MA 02601 Gale Associates, Inc. 8 School Street Weymouth, MA 02189-0900 ATTN: Irwin Silverstein NEW ENGLAND GOLF AND TENNIS,INC. G2 v 2-/ /V o I d/b/e (✓ NEVADA BOFS DISCOUNT GOLF AND TENNIS 25 WALPOLE PARK SOUTH •WALPOLE, MA 02081 •(508)660-2770•FAX(508)668-1452 December 5, 1989 Commonwealth of Massachusetts Department of Environmental Protection Southeast Region Lakeville Hospital Lakeville, MA 02347 Attn : Cathy Dors RE: Barnstable - WSC/SA-4-0782 Nevada Bob 's, 30 Corporation Road Dear Ms. Dors: Would you please direct all future correspondence and notices to the attention of Patrick Riley and not Thomas J. McCabe. Mr. Riley is the trustee of Cape Cod Realty Trust, the owner of the property, and the president of New England Golf and Tennis, Inc. , d/b/a Nevada Bob ' s. Sincerely, New England Golf and Tennis, Inc. , d/b/a Nevada Bob 's Thomas J./ McCabe Vice Pre`sadent TJM/wmlb cc : fBarnstabl'e'Board of�HEalth Barnstable Board of Selectmen Gale Associates, Inc. WESTWOOD•HYANNIS•BOSTON•HANOVER•WOBURN •WARWICK• KITTERY•PORTLAND•SEEKONK•NASUHA• DANVERS Daniel S.Greenbaum Commissioner Gilbert T.Jolya231s7 Regional Director A ` QEG?E January 23 , 1990 NOWIS THE DEPARTMENT OF ENVIRONMENTAL PROTECTION Cape Cod Golf Realty Trust RE: BARNSTABLE--WSC/SA . 4-0782 30 Enterprise Road Nevada Bob's, 30 Corporation Hyannis, Massachusetts 02601 Road; SHORT TERM MEASURE, M.G.L. , Chapter 21E, and 310 CMR 40. 000 ,I ATTENTION: Mr. Patrick Riley Gentlemen: On December 20, 1989, the Department of Environmental Protection (hereafter, the Department) received a summary report prepared by Gale Associates, Inc. for soil remediation in the area of the former underground storage tank which took place on December 6, 1989, at Nevada Bob's in Hyannis, Massachusetts (hereafter, the site) . The summary report indicates that, after removal of approximately six (6) cubic yards of #2 fuel oil contaminated . soil, total petroleum hydrocarbons (TPHs) were detected at concentrations of 73 parts per million (ppm) and 120 ppm in soil samples taken from the base of the excavation. A groundwater sample also taken from the excavation indicated 26 ppm of TPHs. No TPHs were detected in the sidewalls of the excavated area nor were they detected in any of the monitoring wells located on site. Based upon this information, the Department is of the opinion that the release that warranted this response action has been satisfactorily remediated. However, at this time, the Department does not concur with Gale Associates, Inc. recommendation that no further action is warranted due to the release in the area of the former fuel oil tank. Gale Associates, Inc. is currently performing the Phase II - Comprehensive Site Assessment which will include a risk assessment evaluation for the site. The concentrations of #2 fuel oil that were detected in the soil and groundwater from the Original Printed on Recycled Paper W 1 -2- excavation must be incorporated into the multi-media risk assessment prepared for the site. Should the risk assessment evaluation indicate that no significant risk to human and environmental receptors exist in the present condition of the site, the Department will concur with Gale Associates that no further action is warranted at the site. If you have any questions regarding this matter, please contact Cathy Dors at (508) 946-2862. In `any correspondence to this office, please refer to case number WSC\SA-4-0782. Very truly yours, Ma k J Begl hief Site Remediation Section B/CD/lm cc: DEP - BWSC - Boston DEP - SERO - DATA ENTRY Board of Health c\o Town Hall 367 Main Street Hyannis, MA 02601 Gale Associates, -Inc. 8 School Street 3 Weymouth, MA 02189-0900 ATTN: Irwin Silverstein .i Yxe �arB'l!t�llpPi Daniel S.Greenbaum Commissioner Gilbert T.Joly J � Agwack%de 0291f 7 Regional Director t September 11, 989 DECE NOW,5 7NE D-FP i,-? 11cli T-OF IV Cape Cod Golf Realty Trust RE: BARNSTABL - U j a ,.y_�.7 30 Enterpris'e Road Nevada Bo QrP0_2_on Hyannis, Massachusetts 02601 Road, NOTICE OF PRIORITY DISPOSAL SITE, M.G.L. , ATTE NTION: Patrick Riley Chapter 21E and 310 CMR 40.000 - Gentlemen: This letter concerns the existence of volatile organic compounds present in the environment in and around the Nevada Bob's site located at 30 Corporation Road in Hyannis, MA (hereafter referred to a.sthe_s_ite) . The�assessme� nt and cleanup of disposal sites is�goYerned bA M.G.L.-,� Chapter 21E, the Massachu=set=ts Oi-hand Hazardous Material Release ---- Prevention and Response Act (hereafter, M.G.L. ;c:21E) and by 31`0� 40. 000, the Massachusetts Contingency Plan�-(hereafter,+ h On May 23 , 1989, the Department received the report titled "Hazardous Waste Evaluation" for the property located at 30 Corporation Road in Hyannis, MA. The report was prepared by Gale Associates, Inc. , and dated - --obse-rvatio-n wells were re-o-r-t s x�6 April 1989 . According to the p , ( ) installed at the:site_. Analyses of the ground water and soils revealed the presence of Tetra_ch_l_ oroet�_hene�(.PCE)_,_Benz_ene,_Ac_etone_,_X-y-lenes�.and Lother contaminants. The Department has determined that this site is located within the Zone II of public water supply wells for the Hyannis area, and therefore, this site has been classified as a priority disposal site under 40.544 (2) (c) of the MCP. Furthermore, this site will appear on the next "List of Confirmed Disposal Sites and Locations To Be Investigated" published by the Department. The date on which thislocation was confirmed as a priority disposal site was August 18, 1989 . Based upon the available information, the Department has reason to believe that Cape Cod Golf Realty Trust is a potentially responsible party (PRP) with liability under M.G.L.-, -c.21E,- Section 5. Section .5 . makes the following parties liable to the Commonwealth: current and past owners and operators of a site any -person who arranged for., . or who transported hazardous materials to the site; any person who stored, disposed of or treated hazardous materials at the site; or any person who caused the release or threat of release of oil or hazardous materials. The nature of this liability is joint and several and without regard to fault. Original Printed on Recycled Paper 2 - The Department is authorized pursuant to M.G.L. , c. 21E, Sections 3A(j) and 4 to take such response actions at the site as it deems necessary should Cape Cod Golf fail to respond to these releases in an appropriate and timely manner. Any response actions taken by the Department will be dictated by the individual characteristics of the site and by the time lines set out in the M.G.L. , c. 21E, Sections 3A and the MCP. The Department encourages PRP's to take response actions to assess and cleanup contamination at sites. By taking the response actions, Cape Cod Golf makes it unnecessary for the Department to have its contractor perform the work. If Cape Cod Golf does not take the necessary response actions, the Department is authorized by M.G.L. , c. 21E, Section 3A(j ) and 4 to have work performed by its contractor and recover up to three (3) times its cost from Cape Cod Golf. Regardless of who performs the necessary work at the site, Cape Cod Golf may be liable for all of the Department's response action costs. Response action costs include the cost of direct hours of work performed by Department employees in overseeing or arranging for response actions, any expenses incurred by the Department in support of those direct hours, as well as payments to the Department's contractors. For more details, see the cost recovery regulations at 310--CMR 40. 600 et seq. : In addition to Cape Cod Golf's liability for up to three (3) times the response action costs incurred by the Department, Cape Cod Golf may also be liable for damages for loss of natural resources and interest on the total outstanding liability at the rate of 12% compounded annually. To secure payment on this debt, the Department may place a lien on all of Cape Cod Golf's property within the Commonwealth. To recover the debt, the Department may foreclose on the lien or the Attorney General may bring a court action against Cape Cod Golf Realty Trust. As a party liable for the release or threat of release at the site, the Department requires that Cape Cod Golf take the steps outlined below: 1. Provide the Department with a written response to this Notice indicating acceptance of responsibility within ten (10) days of receipt hereof. 2 . To continue to contract with a consultant knowledgeable in hazardous waste site assessment and remediation to conduct the following work in accordance with the MCP.: a. Complete and submit within forty-five (45) days of receipt of this Notice a Scope of Work in order to complete all items under 310 CMR 40.545 (2) of the MCP, Phase II - Comprehensive Site..Assessment. The Scope of Work must include the items by specific MCP reference under 40.545. (1) A plan to fill in data gaps identified in Phase I and to perform the activities identified in 310 CMR 40.545(3) . 3 - (2) A schedule of implementation of the tasks needed to complete Phase II - Comprehensive Site Assessment. (3) A sampling plan for all media (soils, water, air) and analytical protocols. If certain media are not included in the sampling plan, justification shall be provided for their exclusion. (4) A quality assurance/quality control plan; and (5) A health and safety plan, including measures to safeguard nearby residents. 3 . In addition, the consultant shall evaluate the need for a Short Term Measure (STM) as defined in 40. 542 of the MCP and notify the Department immediately if an imminent hazard is found at the site. Submit a proposal to perform an STM if an STM is deemed necessary. This evaluation shall continue throughout the assessment process for this site. Depending on the information generated by the above work, the Department may require additional investigations, studies and actions. If you fail to perform these tasks in accordance with the standards of the Department, the Department may perform response actions in your stead and recover its costs from you as previously described. If you have any questions regarding this matter, please contact Cathy Dors at (508) 946-2862 . In any correspondence to this office, please refer to DEP case number WSC/SA-4-0782 . The Department looks forward to your cooperation in cleaning up the site. Very truly yours, J eph` F. Kowal, Chief Technical Support Section K/CD/kd CERTIFIED MAIL #P965994399 RETURN RECEIPT REQUESTED cc: BWSC - Boton ATTN: Site Assessment DWS - SERO ATTN: Larry Dayian ,1 4 - cc: Nevada Bob's 25 Walpole Park South Walpole, MA 02081 ATTN: Thomas J. McCabe Barnstable Board of Health 367 Main St. Hyannis, MA .02601 Barnstable Water Company P.O. Box 326 Hyannis, MA 02601 Barnstable Board of Selectmen 367 Main St. Hyannis, MA 02601 Gale Associates, Inc. 8 School St. Weymouth, MA 02189-0900 ATTN: Irwin Silverstein Daniel S.Greenbaum Commissioner cl Gt,GGG` c% �'�GO�i Gilbert T. Joly Regional Director �� e23.�7 CUUPY September 11, F-XYSC `DEQ/E�+ 7701A I Nevada Bob's RE: BARNSTABLg -aMAIr4..�25 Walpole Park South Nevada BoTi a: i�Zc7i'OIV Walpole, Massachusetts 02081 Road, NOT PRIORITY DISPOSAL SITE, M.G.L. , ATTENTION: Thomas J. McCabe Chapter. 21E and 310 CMR 40. 000 Gentlemen: This letter concerns the existence of volatile organic compounds present in the environment in and around the Nevada Bob's site located at 30 Corporation Road in Hyannis, MA (hereafter referred to °as the site) . The assessment and cleanup of disposal sites is governed by M.G.L. , Chapter 21E, the Massachusetts Oil and Hazardous Material Release Prevention and Response Act (hereafter, M.G.L. , c. 21E) and by 310 CMR 40. 000, the Massachusetts Contingency Plan (hereafter, the MCP) . On May 23 , 1989, the Department received the report titled "Hazardous Waste Evaluation" for the property located at 30 Corporation Road in Hyannis, MA. The report was prepared by Gale Associates, Inc. , and dated April 1989 . According to the report, six (6) observation wells were installed at the site. } oroe Analyses of the_gx-ound water—a-n-d—soils revea-l-ed e th presence oft Tetrachlthene (PCE) , Benzene, Acetone, Xylenes and other contaminants. The Department has determined that this site is located within the Zone II of public water supply wells for the Hyannis area, and therefore, this site has been classified as a priority disposal site under 40.. 544 (2) (c) of the MCP. Furthermore, this site will appear on the next "List of Confirmed Disposal Sites and Locations To Be Investigated" published by the Department. The date on which this location was confirmed as a priority disposal site was August 18 , 1989 . Based upon the available information, the'Department has reason to believe that Nevada Bob's is a potentially responsible party (PRP) with liability under M.G.L. , c. 21E, Section 5. Section 5 makes the following parties liable to the Commonwealth: current_ .and past owners and operators of a site; any person who arranged for, `or who transported hazardous materials to the site; any person who stored, disposed of or treated hazardous materials at the site; or any person who caused the release or threat of release of oil or hazardous materials. The nature of this liability is joint and several and without regard to fault. Original Printed on Recycled Paper i� 2 - The Department is authorized pursuant to M.G.L. , c. 21E-, Sections 3A(j) and 4 to take such response actions at the site as it deems necessary should Nevada Bob's fail to respond to these releases in an appropriate and timely manner. Any response actions taken by the Department will be dictated by the individual characteristics of the site and by the time lines set out in the M.G.L. , c. 21E, Sections 3A and the MCP. The Department encourages PRP's to take response actions to assess and cleanup contamination at sites. By taking the response actions, Nevada Bob's makes it unnecessary for the Department to have. its contractor perform the work. If Nevada Bob's does not take the necessary response actions, the Department is authorized by M.G.L. , c. 21E, Section 3A(j ) and 4 to have work performed by its contractor and recover up to three (3) times its cost from Nevada Bob's. Regardless of who performs the necessary work at the site, Nevada Bob's may be liable for all of the Department's response. action costs. Response action costs include the cost of direct hours of work performed by Department employees in overseeing or arranging for response actions, any expenses incurred by the Department in support of those direct hours, as well as payments to the Department's contractors. For more details, see the cost recovery regulations at 310 CMR 40. 600 et sue. In addition to Nevada Bob's liability for up to three (3) times the response action costs incurred by the Department, Nevada Bob's may also be liable for damages for loss of natural resources and interest on the total outstanding liability at the rate of 12% compounded annually. To secure payment on this debt, the Department may place a lien on- all of Nevada Bob's property within the Commonwealth. To recover the debt, the Department may foreclose on the lien or the Attorney General may bring a court action against Navada Bob's. As a party liable for the release or threat of release at the site, the Department requires that Nevada Bob's takes the steps outlined below: 1. Provide the Department with a written response to this Notice indicating acceptance of responsibility within ten (10) days of receipt hereof. 2 . To continue to contract with a consultant knowledgeable in hazardous waste site assessment and remediation to conduct the following work in accordance with the MCP: a. Complete and submit within forty-five (45) days of receipt of this Notice a Scope of Work in order to complete all items under 310 CMR 40. 545 (2) of the MCP, Phase II - Comprehensive Site Assessment...._. _. The Scope of Work must include the items by specific MCP reference under 40. 545. (1) A plan to fill in data gaps identified in Phase I and to perform the activities identified in 310 CMR 40.545 (3) . 3 - (2) A schedule of implementation of the tasks needed to complete Phase II - Comprehensive Site Assessment. (3) A sampling plan for all media (soils, water, air) and analytical protocols. If certain media are not included in the sampling plan, justification shall be provided for their exclusion. (4) A quality assurance/quality control -plan; and (5) A health and safety plan, including measures to safeguard nearby residents. 3 . In addition, the consultant shall evaluate the need for a Short Term Measure (STM) as defined in 40. 542 of the MCP and notify the Department immediately if an imminent hazard is found at the site. Submit a proposal to perform an STM if an STM is deemed necessary. This evaluation shall continue throughout the assessment process for this site. Depending on the information generated by the above work, the Department may require additional investigations, studies and actions. If you fail to perform these tasks in accordance with the standards of the Department, the Department may perform response actions in your stead and recover its costs from you as previously described. If you have any questions regarding this matter, please contact Cathy Dors at (508) 946-2862 . In any correspondence to this office, please refer to DEP case number WSC/SA-4-0782 . The Department looks forward to your cooperation in cleaning up the site. Very truly yours, J eph` F. Kowal, Chief Technical Support Section K/CD/kd CERTIFIED MAIL #P965994399 RETURN RECEIPT REQUESTED cc: BWSC - Boton ATTN: Site Assessment DWS - SERO ATTN: Larry Dayian 4 - cc: Nevada Bob's 25 Walpole Park South Walpole, MA 02081 ATTN: Thomas J. McCabe Barnstable Board of Health 367 Main St. Hyannis, MA 02601 Barnstable Water Company P.O. Box 326 Hyannis, MA 02601 Barnstable Board of Selectmen 367 Main St. Hyannis, MA 02601 Gale Associates, Inc. 8 School St. Weymouth, MA 02189-0900 ATTN: Irwin Silverstein i 0& Daniel S.Greenbaum Commissioner Gilbert T.Jo eZ Rt �/' 02947 Regional Director COPY September 11, 1 DEOE ,NO W IS Nevada Bob's RE: BARNSTABLE -yScT iAF nFFA1r0F 25 Walpole Park South Nevada Bo s;N Ot4Y bfz-b-1 YEC77014 Walpole, Massachusetts 02081 Road, NOT PRIORITY DISPOSAL SITE, M.G.L. , ATTENTION: Thomas J. McCabe Chapter• 21E and 310 CMR 40. 000 Gentlemen: This letter concerns the existence of volatile organic compounds present in the environment in and around the Nevada Bob's site located at 30 Corporation Road in Hyannis, MA (hereafter referred to -as -the site) . The assessment and cleanup of disposal sites is governed by M.G.L. , Chapter 21E, the Massachusetts Oil and Hazardous Material Release Prevention and Response Act (hereafter, M.G.L. ; C. 21E) and by 310 CMR 40. 000, the Massachusetts Contingency Plan (hereafter, the MCP) . On May 23 , 1989, the Department received the report titled "Hazardous Waste Evaluation" for the property located at 30 Corporation Road in Hyannis, MA. The report was prepared by Gale Associates, Inc. , and dated April 1989 . According to the report, six (6) observation wells were i . installed at the site. } Analyses of the ground water—a-n-d—soils reveal-ed the presence ofj Tetrachloroethene (PCE) , Benzene, Acetone, Xylenes and other contaminants. The Department has determined that this site is located within the Zone II of public water supply wells for the Hyannis area, and therefore, this site has been classified as a priority disposal site under 40. 544 (2) (c) of the MCP. Furthermore, this site will appear on the next "List of Confirmed Disposal Sites and Locations To Be Investigated" published by the Department. The date on which this location was confirmed as a priority disposal site was August 18, 1989. Based upon the available information, the Department has reason to believe that Nevada Bob's is a potentially responsible party (PRP) with liability under M.G.L. , c. 21E, Section 5: - Section 5 makes the following parties liable to the Commonwealth: current, and past owners and operators of a site; any person who arranged for, -or who transported hazardous materials to the site; any person who stored, disposed of or treated hazardous materials at the site; or any person who caused the release or threat of release of oil or hazardous materials. The nature of this liability is joint and several and without regard to fault. Original Printed on Recycled Paper 7� 2 - The Department is authorized pursuant to M.G.L. , c. 21E-, Sections 3A(j) and .4 to take such response actions at the site as it deems necessary should Nevada Bob's fail to respond to these releases in an appropriate and timely manner. Any response actions taken by the Department will be dictated by the individual characteristics of the site and by the time lines set out in the M.G.L. , c. 21E, Sections 3A and the MCP. The Department encourages PRP's to take response actions to assess and cleanup contamination at sites. By taking the response actions, Nevada Bob's makes it unnecessary for the Department to have its contractor perform the work. If Nevada Bob's does not take the necessary response actions, the Department is authorized by M.G.L. , c. 21E, Section 3A(j) and 4 to have work performed by its contractor and recover up to three (3) times its cost from Nevada Bob's. Regardless of who performs the necessary work at the site, Nevada Bob's may be liable for all of the Department's response action costs. Response action costs include the cost of direct hours of work performed by Department employees in overseeing or arranging for response actions, any expenses incurred by the Department in support of those direct hours, as well as payments to the Department's contractors. For more details, see the cost recovery regulations at 310 CMR 40. 600 et sec. . In addition to Nevada Bob's liability for up to three (3) times the response action costs incurred by the Department, Nevada Bob's may also be liable for damages for loss of natural resources and interest on the total outstanding liability at the rate of 12% compounded annually. To secure payment on this debt, the Department may place a lien on all of Nevada Bob's property within the Commonwealth. To recover the debt, the Department may foreclose on the lien or the Attorney General may bring a court action against Navada Bob's. As a party liable for the release or threat of release at the site, the Department requires that Nevada Bob's takes the steps outlined below: 1. Provide the Department with a written response to this Notice indicating acceptance of responsibility within ten (10) days of receipt hereof. 2 . To continue to contract with a consultant knowledgeable in hazardous waste site assessment and remediation to conduct the following work in accordance with the MCP: a. Complete and submit within forty-five (45) days of receipt of this Notice a Scope of Work in order to complete all items under 310 CMR 40. 545 (2) of the MCP, Phase II - Comprehensive Site Assessment...._. __ The Scope of Work must include the items by specific MCP reference under 40. 545. (1) A plan to fill in data gaps identified in Phase I and to perform the activities identified in 310 CMR 40. 545 (3) . 3 - (2) A schedule of implementation' of the tasks needed to complete Phase II - Comprehensive Site Assessment. (3) A sampling plan for all media (soils, water, air) and analytical protocols. If certain media are not included in the sampling plan, justification shall be provided for their exclusion. (4) A quality assurance/quality control plan; and (5) A health and safety plan, including measures to safeguard nearby residents. 3 . In addition, the consultant shall evaluate the need for a Short Term Measure (STM) as defined in 40. 542 of the MCP and notify the Department immediately if an imminent hazard is found at the site. Submit a proposal to perform an STM if an STM is deemed necessary. This evaluation shall continue throughout the assessment process for this site. Depending on the information generated by the above work, the Department may require additional investigations, studies and actions. Ifyou fail to perform these tasks in accordance with the standards of the Department, the Department may perform response actions in your stead and recover its costs from you as previously described. If you have any questions regarding this matter, please contact Cathy Dors at (508) 946-2862 . In any correspondence to this office, please refer to DEP case number WSC/SA-4-0782 . The Department looks forward to your cooperation in cleaning up the site. Very truly yours, 24�� C Jo ph . Kowal, Chief Technical Support Section i K/CD/kd CERTIFIED MAIL #P965994400 RETURN RECEIPT REQUESTED cc: BWSC - Boton __ .. ATTN: Site Assessment DWS - SERO ATTN: Larry Dayian �r 4 - cc: Cape Cod Golf Realty Trust 30 Enterprise Road Hyannis, MA 02601 ATTN: Patrick Riley Barnstable Board of Health 367 Main St. Hyannis, MA 02601 Barnstable Water Company P.O. Box 326 Hyannis, MA 02601 Barnstable Board of Selectmen 367 Main St. Hyannis, MA 02601 Gale Associates, Inc. 8 School St. Weymouth, MA 02189-0900 ATTN: Irwin Silverstein B � I i ��0/( ((JA G; Daniel S.Greenbaum baum Commissioner DECE Gilbert T.Joly �D ee" �/O dal, -& r'*�� ° ,, Regional Director oZcz! plod 6, ENi/,I 53,E MENIAL PROTECTION f November 30, 1989 Nevada Bob's RE: BARNSTABLE--WSC/SA-4-0782 25 Walpole Park Nevada. Bob's, 30 Walpole, Massachusetts 02081 Corporation Road, Phase II Scone of Work Approval M.G.L. , Chapter 21E and 310 CMR 40.000 ATTENTION: Thomas J. McCabe Gentlemen: The Department of . Environmental Protection (hereafter the Department) , Bureau of Waste Site Cleanup, on September 19, 1989, received a Scope of Work ("SOW") to perform Phase II activities as required by 310 CMR 40.545 of the Massachusetts Contingency Plan (the "MCP") for the subject site. The SOW was prepared on behalf of Nevada Bob's by Gale Associates, Inc. , and dated September 18 , 1989 . Following review of the proposal, the Department verbally notified Gale Associates that the SOW as submitted was incomplete and was not in compliance with the MCP. Therefore, on November 6, 1989, a meeting was held between the Department and Gale Associates and an agreement was reached to submit a revised SOW for the site. The Department is presently in receipt of the revised SOW dated November 9, 1989, and hereby approves of the proposed tasks including the SOW Implementation Schedule with the following provisions: I 1. Health and Safety Plan a) An initial level of protection for the site must be establish before any remedial work can begin; b) The site Health and Saftey Plan (H & S) contained in the SOW specifies that a portable PID (H-Nu) will be used for air monitoring during site work. H-Nu readings may be the basis for an upgrade in the level of protection. The H & S must specify the actual H-Nu reading that will require such an upgrade; Original Printed on Recycled Paper . -2- 2 . Phase II Activities a) Classify Fresh Hole Pond utilizing the Guidance Document for Disposal Site Risk Characterization prepared by the Office of . Research and Standards, dated May 17, 1989; b) Develop a Risk Assessment for the site utilizing the appropriate method and its coinciding procedures as specified in the referenced Guidance Document. Furthermore, your consultant shall continuously evaluate the need to perform a Short Term Measure under Section 40.542 of the MCP throughout the assessment of the site and notify the Department immediately if an imminent hazard is discovered. Please note that by approving the Scope of Work Implemention Schedule, the Department has adopted the Schedule as interim deadlines pursuant to its authority under M.G.L. , Chapter 21E and 310 CMR 40.534 (5) . Nevada Bob's has been previously notified of its liability in a Notice of Responsibility letter dated September 11, 1989 . If you have any questions regarding this matter, please contact Cathy Dors at (508) 946-2862 . In any correspondence to this office, please refer to case number WSC/SA-4-0782 . The Department looks forward to your cooperation in the assessment of the site. Very truly yours, L Marc J. Begley, -eKied Site Remediation Section B/CD/re cc: DEP-BWSC, Boston DEP-DWS, SERO ATTN: Larry Dayian Cape Cod Golf Realty Trust 30 Enterprise Road Hyannis, MA 02601 ATTN: Patrick Riley Barnstable Board of Health 367 Main Street Hyannis, MA 02601 ...-.L.......:.:_: :.......L,xL._kL4.v.:::i.::u.,..1.-1] 'C.:14...._.i_: r� .:..a y,_.w._..m....v r.....y.. ..<......emu-......,...... .. ..........._._._..... 1 r � t Si -3-` cc: Barnstable Water Company P.O. Box 326 Hyannis, MA 02601 Barnstable Board of Selectmen 367 Main Street Hyannis, MA 02601 . Gale Associates, Inc. 8 School Street Weymouth, MA 02189-0900 ATTN: Irwin Silverstein DATA ENTRY - SERO