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Home My WebLink About0226 FALMOUTH ROAD/RTE 28 - Health 226 Falmouth Rd 1 293-043 Hyannis k I Town of Barnstable Regulatory Services • ; Thomas F. Geiler,Director LUMSenet.E, 39. Public Health Division Thomas McKean,Director 200 Main St, Hyannis,MA 02601 Office: 508-862-4644 Fax: 508-790-6304 May 23, 2003 Cape Cod Mall LLC Simon Property Tax Department PO Box 6120 Indianapolis, IN 46206-6120 IMPORTANT NOTICE RE: Map & Parcel 293-043 Dear Addressee: You are directed to connect your building located at 226 Falmouth Road, Hyannis,—G Massachusetts, to public sewer on or before August 29, 2003. The Department of Public Works, Engineering Division, has notified us that your property abutts recently installed vacuum sewer lines. The lines were extended because of the density, and the size of the lots in the area, and the potential for serious health problems. Failure to comply with this order will result in a complaint against you, in a court of law, due to your failure to comply with a Board of Health Order. If you should have any questions, please telephone me at 862-4644. PER ORDER OF THE BOARD OF HEALTH Thomas A. McKean, R.S. CHO Health Agent for: TOWN OF BARNSTABLE BOARD OF HEALTH Wayne Miller, M.D., Chairperson Susan G. Rask, RS. Sumner Kaufman, M.S.P.H. Return receipt requested Cc: Barbara Childs, Water Pollution Control Mark Giordano, Engineering Q:Sewerorder.doc rA Massactrusetts Department of Environmental Protection Bureau of Waste Site Cleanup-(BWSC)': :TIER I TRANSITION CLASSIFICATION AND 'PERMIT STATEMENT x _ -This Permit : is Issued to:. For`DEP Use Only. it One Permittee _. Effective Date: _: .. = : ._. >•.� ,. Expiration Date.:., 1] More than One-Permittee* - _ *A list of all Permittees 1s attached One Permittee: Name of Organization: :Trustees Under Trust Agreement c/o -" ' E U I P'�t F'°w + ,a-c - -•rt;' xr„ ,r ter, Permittee Name: Jack Thomas y n Street:. 2 Burlington Wneds Dri..n ./��, A �Ntq' Va�4,� /7-�'. Q .�g,k /.0,(0 City/Town: Bu4ington 4#f%jELState: MA Zip code .01803 :Telephone:- -508=-477-8388. :., __ : . DEP Finding Concerning Tier Classification. ❑ Transition Tier IA (BWSC04) Transition Tier IB (BWSC05) Permit No. 82612 This permit authorizes comprehensive remedial response actions at: Disposal Site Number: WSC/SA-4-0898—._ Disposal Site Name: Gibbs Service Statioa(Fmi) Street: Cape Cod Mall (Rt. 132) City/Town: Hyannis State: MA Zip code: 02601 The Permittee has 120.days from receipt of this Transition Permit to sign and submit the Transition Statement. This permit shall be effective upon the Department's receipt of the signed and dated Transition Statement. This permit shall expire 5 years from its effective date. Permit Conditions (1) All response actions conducted pursuant to this Tier I Permit shall comply at all times with M.G.L. c. 21E, 310 CMR 40.0000, the terms and conditions of the permit and any other applicable federal, state or local law: (2) In every proceeding, the burden shall be on the Permittee to demonstrate compliance with the terms and conditions of a permit at all times. Rev. 12/93 1 '(3). Each Permittee shall comply with: - a submittal of a Class>A B or C Response Action Outcome Sta tement within five years of the effective date of the permit, unless otherwise provided"iif the permit; - (b) submittal of a copy:of the.signed-and completed Transition Classification and Permit Statement to'the'Chief Municipal Officer(s)-and the local boards of healtlitfor`the communities where-the disposal site is located: (c) notification in writing to the Department: • - -1. as required in 310 CMR 40 0500,' - 2. upon gaining knowledge of anyaechnical, financial` 'r legal in to perform, s any..necessary response.action,:in accordance with 310 CMR 40;0172, 3. upon,a decision by:a permittee who is performing response actions as an.Other Person to not proceed as required by the permit; and 4. of.any.change in the LSP of Record,for the disposal:site no later than ten days r ii9a thi6.r.h then it i faer 11 f' D en {�'r}i --- Modification by the permittee in accordance with 310 CMR 40.0725; (d) compliance with: 1. all applicable submittal requirements; ;including but not limited. to, scopes of work, Status Reports; Completion Statements; Phase Reports, and RAOs, 2. all requirements for record keeping and document retention, including but not `limited to 310 CMR 40.0014):310:CMR 40..0022 and 310 CMR 40.0023; 3. the Notification Regulations, 310'CMR 40.0300,,in the event of discovery of a new releases located at the disposal site, threat of release or Imminent.Hazard; 4. the management procedures for excavated soils and wastes and requirements for remedial air emissions set forth in 310.:CMR 40.0030 and 310 CMR 40.0040; and 5. all public involvement activities required by 3:10 CMR 40.1400 through.40.1406; (e) inclusion of the Disposal Site Number and the permit number on documents submitted to the Department with respect to the disposal site; (f) certification of documents submitted to the Department as required by 310 CMR 40.0009; (g) evaluation of the need to perform Immediate Response'Actions in accordance with 310 CMR 40.0400 as new or additional information about the disposal site is obtained; (h) modification or cessation of any response action as necessary.to maintain compliance with any permit condition or to prevent an actual or potential threat to health, safety,, public welfare, or the environment; (i) notification, orally or :in writing, to the Department within seventy-two hours of obtaining knowledge of the need to modify,or cease any response actions for the reasons in 310 CMR 40.0740(3)(h); provided that_any such oralnotification.shall be confirmed by the permittee in writing within sixty days of such oral notice and any written notice shall include a Status Report prepared by an LSP; and timely remediation of any-adverse impacts to health, safety-.public welfare or the environment that result from the performance of response actions; Rev. 12/93 2 I , at disposal sites where groundwater investigation is necessary, delineation of the vertical-and horizontal extent-of _contamination; 'identification'and_contkniAtion'eof:groundwater, flow directions, ideniification`•of'groundwater migration,.pathways,, including.but not limited to,:the identification.of possible partitioning of dissolved volatile organic':compounds at the water table-interface.which.may lead . to vapor:transport into subsurface structures, homes orother:occupied:or unoccupied buildings, and monitoring of groundwater wells, discharges diiWo_r other monitoring points in,'manner which.provides for-the timely development or.representative information',about conditions,and changes-in conditions at the'disposal site; (k) acquisition of all required federal, state and local permits; (1) proper operation and maintenance of all treatment, storage; abatement or control systems and of all equipment required to continue or complete response actions; , (in) authorization for personnel'and autfiorized agents`of the:Department to enter, at reasonable times and upon the presentation of credentials, any premises owned or controlled by the permittee for the purpose of investigating,sampling, or inspecting any records, conditions,equipment,practice or property relate to rgMgnse actions at the disposal site; or protectmg`hi alih, 'safety;-public welfare, or the environment; and (n) notification upon a change of the Primary representative in accordance with 310 CMR 40.0703(7), if one is designated. (4) A Tier I Permit does not grant any property rights or exclusive privileges, nor does it authorize any injury to private property or invasion of property rights: Special Conditions: Special conditions, as set forth in Attachment A; are included in this permit._ Each Permittee shall comply with these special conditions: ❑ Yes ® No DEP Authorization Issued by the Department of Environmental Protection: Name (Print): r ! (- Date of Issuance: Signature r Notice of Appeal Rights Any person aggrieved by this permit decision may request an adjudicatory.hearing within 21 days of the date of issuance (the postmark date of this Permit as described,in 310.CMR:,40.0008) of this permit, if the Department has imposed special conditions (as set forth in Attachment A) without the Permittees consent or agreement, in accordance with 310 CMR 40.0050. Rev. 12/93 3 Prim ar3' Re resentative and LSP Information p Primary Representative (only applicable if there is more than one Perrnittee). For. more than one Permittee, a Primary'." Representative can be designated and authorized. If you are .:desa natin a Prima Re resentative rov de the g_ g , �' P . P following information: O Check if Primary Representative is also a Permittee Name of Organization: Primary Representative Name Title: Street: City/Town: State: Zip code: — - Telephone: - --- ---- - - Primary Representative Certification: I certify under the penalties of law that.I am fully authorized.to act on behalf_ of all persons conducting response actions under this permit for the following purposes: a) to receive oral and written correspondence from.DEP with respect to this permit; b) to receive oral and written correspondence from DEP with respect to the performance of response actions upon issuance of a Tier I permit;;and c) to receive any statement of fee required by 310.CMR 4.03(3) under this Tier I permit. , I am aware that there are significant penalties, including,but not limited to, possible fines and imprisonment, for wilfully submitting false, inaccurate, or incomplete information. Name (Print): �.acic %,(�ow�.a�5 . �-E.�tn1E s iwrN+ �i✓c. Position or Title: Signature: Date: Note: The Primary Representative for more than one Permittee.... will receive. the annual compliance assurance fee statement for the disposal site: LSP Information Provide the following information if an LSP.has,been engaged or employed:to submit LSP Opinions concerning response action's that were approved prior to October 1, 1993 Name(Print): License Number: 5 :6� i Rev. 12/93 4 Transition 'Statements Note: Each Permittee must complete this section For disposal`sites with mote than one Permittee-,make copies of this section,have each Permittee complete this'information,and then attach all copies to this Transition Permit. Check one of.the following to.indicate your..response and then sign the:appropriate paragraph (1 through 3) and the Certification of Submittal: I accept the Transition Permit (sign 71"_) ❑ I do not accept the Transition Permit and I am attaching a Major Permit Modification application (sign "2") ❑ I do not-accept the Transition I Permit I and L intend'toconduct response actions which were approved by.the Department_prior:to October 1, 1993: .(sign "3-A") ❑ I do not accept the Transition Permit and I do not'intend.to conduct response actions which were approved by the Department prior to October 1, 1993 (sign."3=B"). --1:- ----Transition-P`ermit Acreptairce-5tatement — -- I agree to conduct all response actions pursuant to the terms"and conditions of.any and all Department approvals that are in effect as of October 1, 1993 as shown in Attachment B1. I agree to conduct all future response actions at this disposal site which are not subject to an existing Department approval in accordance with this .Permit and the provisions of 310 CMR 40.0000, including response actions with.approvals pending on October 1, 1993 and subsequently approved and listed in Attachmen t B2.. I believe that I have the technical, financial, and legal ability to proceed with response actions at this.site in accordance with M.G.L. c. 21E, 310. CMR 40.0000 and other applicable requirements. I am aware of the requirements set forth in 310 CMR 40.0172 for notifying the Department in the event that I am unable to proceed with such response actions. Name (Print): rv ,,�.a-S- 4.�We� ow•v,. 2H�. Position or title: Signature: Date: 2. Transition Statement(if not accepting Transition Permit and attaching.Major Permit Modification application). I do not accept the enclosed Transition Permit, since the disposal site, in the Opinion of an LSP may be ` reclassified as Tier (Insert Tier IB, IC, or Tier 11, whichever is applicable). I am attaching a Major Permit Modification application pursuant to 310 CMR 40.0707. Name (Print): Position or title: Signature: Date: Rev. 12/93 5 J r - 3. Transition Statement if not accepting-Transition"Permit and providing statement. regarding future response actions at the disposal site. 3-A. RP/PRP/Other Person intends to'conduet response actions approved by DEPpHor to October 7 1993 I do not accept the enclosed Transition Permit, however, I intend to conduct response actions which were approved by the Department prior to October 1 1.993 I have attached and'incorporated within this Statement a schedule for when this work will be completed and a Status Report indicating whether-one or more Temporary and/or Permanent Solutions have been achieved or will be achieved at-the:disposal site including an LSP Opinion . 'regarding the completion of response actions to date'and the response actions remaining in order to achieve a Temporary or Permanent solution at the disposal site. . Name (Print):- '.Position or title: Signature: Date: 3-B. RPIPRP/Other Person does not intend to conduct response actions approved by DEP prior to October 1 1993 I do not accept the enclosed Transition Permit and do not intend to`conduct-response actions including any response actions approved by the Department prior to October. 1, 1993:. I have attached an explanation of why I will not continue with response actions at the disposal site including, where appropriate, an explanation of any technical, financial, or legal inabilities that preclude me from undertaking response.actions at the disposal site as outlined in 310 CMR 40.0172. I have.attached and incorporated within:this Statement, a Status Report indicating whether one or more Temporary and/or Permanent Solutions have.been.achieved or will be achieved at the disposal site, including an LSP Opinion regarding the completion of response actions to date and the response actions remaining in order to achieve a Temporary or.Permanent Solution at the disposal site. Name (Print): Position or title: Signature: Date: Certification of Submittal (All recipients must sign the following certification) I. certify under the penalties of law that I have personally examined and am familiar with the information contained in this submittal, including any and all.documents accompanying this certification, and that, based on my inquiry of those individuals immediately responsible.for obtaining the information, the material information contained herein is, to the best of my knowledge andbelief, true, accurate and complete. I am aware that there are significant penalties, including, but not limited to, possible fines.and imprisonment, for wilfully submitting false, inaccurate or incomplete information. r Name (Print): �v .� �f ►Ili, ��c. Position or title: Signature: Date: Rev. 12/93 This Attachment , will`: be- completed by DEP ATTACHMENT A TO PERNIIT NO. 82612 Each Permittee shall comply with the following special conditions: S Check here if not applicable to this permit. 7 This. Attachment will be completed by DEP. ATTACIMENT ' B TO: PERMIT NO. 82612 B 1: The following Department approvals were in effect as of October 1,°1993: lR Check here if not applicable to this permit. B2. The following response actions, which were pending as of October 1, 1993, and are now approved by DEP and in effect under this permit. N Check here if not applicable to this permit. 8 Commonweatth of Massachusetts Executive Office of Environmental Affairs Department of A Environmental Protection Southeast Regional Office William F. Weld CIr .- Govemor Daniel S.Greenbaum Commleek)rw 0 P y June .16, 1992 Trustees Under. Trust. Agreement,, RE: BARNSTABLE--WSC/SA 4-0898 c/o The _Mugar Group r Former Gibbs Gas Station 2 Burlington Woods Drive Cape Cod Mall Burlington, Massachusetts 01803: APPROVAL OF INTERIM MEASURE ATTENTION: Mr.' Jack Thomas M.G.L. Chapter 21E and 310 CMR 40. 000 a Gentlemen: The Department of Environmental. Protection, Bureau Waste Site 'Cleanup (the "Department") has reviewed the proposed interim measure °(IM) .for the Former Gibbs Gas Station located at the Cape Cod Mall in Hyannis, Massachusetts (the "Site") . On your behalf GZA GeoEnvironmental, Inc. .has submitted the following document (the "Report") INTERIM MEASURE PROPOSAL FORMER GIBBS GAS STATION BARNSTABLE - WSC/SA-4-0989, HYANNIS, MASSACHUSETTS MAY 1992 " . The Report includes plans •to excavate gasoline contaminated soils above the watertable in the area of the former gasoline underground storage tanks. It is the intent of this "IM" to recycle the contaminated soils into asphalt off site at an asphalt batching plant. The Report states- " The gasoline contaminated. soils occupy an area of approximately 20 feet by 50 feet by 5 feet thick (generally from 6 to 11 feet below ground surface) . . . " This "IM" is not intended to be the final remedial response plan at the site or to circumvent the requirements of the Massachusetts Contingency Plan ("MCP") , 310 CMR 40. 000, but rather to prevent potential groundwater contamination due to contaminated `soils while the "MCP" requirements are being met. The Department hereby_ approves the IM with the following provisions: 1. The Department shall be notified in a timely manner of planned response actions at the site to insure the Lakeville Hospital • Route 105 • Lakeville,Massachusetts 02347 • FAX(508)947-6557 • Telephone(508)946-2700 r " -2- Department has an opportunity to inspect work in progress. 2. If during implementation of the "IM" a determination is made that the proposal made in the Report are inadequate and that additional work plans are needed, a supplemental tal work plan and schedule shall be submitted PP _ to the Department for review and approval prior to implementation; and, 3 . You and,your agents shall continue to evaluate the need for a Short Term Measure ("STM") as defined in 310 CMR 40.542, and- notify the Department immediately if an "imminent hazard" is found at the site. You must submit a proposal to perform the STM if one is deemed necessary. No STM may be commenced without prior Department approval. This evaluation must continue throughout the assessment process for this Site. 4. You will submit to the Department within thirty (30) days of the completion of the "IM" a report that describes the excavated contaminated soils and their disposition. Should you have any questions regarding this letter, please contact David Ellis at the letterhead address or at (508) 946- 2866: In any correspondence 'to this office, please refer to case number WSC/SA-4-0898. The Department appreciates your continued cooperation in this matter. Very truly yours, ' �' /ter-1( Rob rt E: Donov , Regional "Engineer for Waste.-Site Cleanup t D/DE/re CERTIFIED MAIL JP622 581 627 RETURN RECEIPT REQUESTED cc: DEP - BWSC - Boston DEP - DATA ENTRY - SERO Barnstable Board of Health P.O. Box 534 Hyannis, MA 02601 ATTN: Mr. Tom McKean, Hazardous Waste Coordinator ` - -3- cc: Town of Barnstable c/o ~Town Hall " 367 'Main Street Hyannis.- MA 02601 ATTN: Mr. Warren Rutherford, Town Manager Goulston & Storrs Company: ; c/o The Trust - 400 Atlantic Ave. Boston, MA 02210-2206,- ATTN: Mr. Richard A. Marks . Esq: Goldberg-Ziono & Associates, Inc. 320 Needham Street Newton Lipper Falls, MA 02164 ATTN: Mr. Paul F. Reiter; Project Manager