HomeMy WebLinkAbout0030 ENTERPRISE ROAD - Health .111 0-Enterpri se,Road.
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TOWN OF BARNSTABLE �7`d'3`
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INSTALLER'S NAME PHONE NO. "
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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
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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�
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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
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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;
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. -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
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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