HomeMy WebLinkAbout0100 INDEPENDENCE DRIVE - Health 70 Airport Road Sewer Acct#4131
Hyannis
A =294-013
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HAZARDOUS MATERIALS REGISTRATION FORM
:-._...._................._..---......................_.........................._..............._......................................._.......................... ...............
DBA: 'Sentinel Products Corporation fax:
__._....._..-—.._....._...—_.........—._.......---......_.—._..............__..__..._.., L.._..........----...._...............................----
corp name: Mail Addr
i._............_.__..__..._.....__._.._........_.....__..............._.....-_..............._.._......................._.................... __.................._....._._............................................................._.... _ _ .........-.........._.. ......-�
location: 70 Airport Road street 170 Airport Road
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mappar: city
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contact: 'Richard Jones state: 'Ma
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..........................................................................._................................_..................................................................... ..._.................__......
j telephone: 775-5220 zip: 02601'
emergency:
....__-..._......................_._.......-............_.._...... erson interviewed:
Business: inspection date 1 ---................--.......
category: Miscellaneous -............................__.....
inspection date 2
type: ..........................__.......
inspection date 3 i
public wate Q indoor floor drain outdoor surface drain license required
private wate 1�1 indoor holding tank and outdoor holding tank and currently licensed
ol town sewag 0 indoor catch basin/drywel 0 outdoor catch basin/drywel expir
Q on-site sewag 0 indoor on-site syste outdoor onsite syste date:
notes:
compliance;_
:-.................
:incomplete
........................................................................................
Chemicals: r3 gty's > 25 Ibs dry or 50 gals liquid
_..._.................
waste transporter
_.........._..........................................._._........................................................_.........................................
waste transporter
1'1'21ghe&Bond
Consulting Engineers
Environmental Specialists
H756-1-29(1160)
July 28, 1998
Richard Clark, Chairman
Barnstable Town Council
367 Main Street
Barnstable, MA 02630
Re: Notification of Response Action Outcome
Sentinel Corporation, 70 Airport Road
Former Packaging Industries Plant#1
RTN#4-0011988
Dear Mr. Clark:
In accordance with the Public Notification Procedures of the Massachusetts Contingency Plan (MCP
310 CMR 40.1403(3)(0), we are hereby notifying you of the-submittal to the Massachusetts
Department.of-Environmental Protection(DEP) of a Response Action Outcome (RAO) Statement for
a site a�70_Airport Road.' Tetrachloroethene (PCE) was reported in the groundwater sampled at 70
Airport Road, the Former P.I., Inc. Plant 91, at a concentration in exceedance of the Reportable
Concentration(RC)as defined in the MCP for that compound. The source of the PCE or how it came
to be present in the groundwater at the site has not been identified.
The RAO Statement indicates that concentrations reported in the groundwater have decreased to
below a concentration of 5.0 µg/L. In accordance with 310 CMR 40.0000 requirements, a Method 1
Risk Characterization was performed for the site. The results indicate that a condition of No
Significant Risk of harm to health, public welfare and the environment exists at the site. Based on the
risk characterization, it is our opinion that a Class B-1 RAO applies to this site.
A copy of the RAO submittal is available for public review at the Southeast Region office of the
Massachusetts Department of Environmental Protection at 20 Riverside Drive, Lakeville, MA 02347.
Public file review sessions are held every Monday, Tuesday 'and Wednesday morning. For more
information about file review, please call the DEP Service Center at 508-946-2714.
If you have any questions or comments relative to this correspondence, please contact Catherine V.
Skiba of this office or me at your earliest convenience.
Very truly yours,
&BO C.
Evan T. Johnson,P.E., LSP
Vice President
JACVS\ I756\PUBN-RAO.DOC
cc: Barnstable Board of Health
Massachusetts DEP- Southeast Regional Office
Westfield Executive Park 53 Southampton Road Westfield,MA 01085-5308 Tel. 413-562-1600 Fax. 413-562-5317
Original printed on recycled paper.
TOWN OF BARNSTABLE
LOCATION ® V 1Ao d*1— 123 SEWAGE#
VILLAGE f ` &IA115 ASSESSOR'S MAP &LOT : � J
INSTALLER'S NAME&PHONE NO.
SEPTIC TANK CAPACITY
LEACHING FACILrrY: (type) 'Pie-
NO,
P��s (size)�� le" 404
NO,OF BEDROOMS
BUILDER OR.OWNER
PERMITDATE: COMPLIANCE DATE:
Separation"Distance Between the:
Maximum Adjusted Groundwater Table and Bottom of Leaching Facility Feet
Private Water Supply Well and Leaching Facility (If any wells exist
on site orwithin 200 feet of leaching facility) Feet
Edge of Wetland and Leaching Facility(If any wetlands exist
within 300 feet of leaching facility) Feet
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TOXIC AND HAZARDOUS MATERIALS REGISTRATION FORM
Mail To:
NAME OF BUSINESS: Earth & Ocean sports. Inc. Board of Health
MAILING ADDRESS: 70 Airport Road, Hyannis, MA 02601 Town of Barnstable
TELEPHONE NUMBER: (508) 778-5528 P.O. Box 534
CONTACT PERSON: Jon A. Glydon, President Hyannis, MA 02601
Does your firm store any of the toxic or hazardous materials listed below, either for sale or for
your own use, in quantities totalling, at any time, more than 50 gallons liquid volume or 25 pounds dry
weight? YES NO xx
This form must be returned to the Board of Health regardless of a yes or no answer. Use the
enclosed envelope for your convenience.
If you answered YES above, please indicate if the materials are stored at a site other than your
mailing address:
ADDRESS:
TELEPHONE:
LIST OF TOXIC AND HAZARDOUS MATERIALS
The Board of Health has determined that the following products exhibit toxic or hazardous
-`'""—'characteristics and must be registered w.Wsmsto iir r i as e n .0ons4qu:id
v�otu eo.r25poii Please put a check beside each product that you store:
Antifreeze (for gasoline or coolant systems) Drain cleaners
Automatic transmission fluid Toilet cleaners
Engine and radiator flushes Cesspool cleaners
Hydraulic fluid (including brake fluid) Disinfectants
Motor oils/waste oils Road Salt (Halite)
Gasoline, Jet fuel Refrigerants-
Diesel fuel, kerosene, #2 heating oil Pesticides (insecticides, herbicides,
Other petroleum products: grease, lubricants rodenticides)
Degreasers for engines and metal Photochemicals (fixers and developers)
Degreasers for driveways & garages f Printing ink
Battery acid (electrolyte) Wood preservatives (creosote)
Rustproofers Swimming pool chlorine
Car wash detergents Lye or caustic soda
Car waxes and polishes Jewelry cleaners
Asphalt & roofing tar Leather dyes
Paints, varnishes, stains, dyes Fertilizers (if stored outdoors)
Paint & lacquer thinners PCB's
Paint & varnish removers, deglossers Other chlorinated hydrocarbons,
Paint brush cleaners (inc. carbon tetrachloride)
Floor &'furniture strippers Any other products with "Poison" labels
Metal°polishes (including chloroform, formaldehyde,
Laundry soil & stain removers hydrochloric acid, other acids)
(including bleach) Other products not listed which you feel may
Spot removers & cleaning fluids be toxic or hazardous (please list):
(dry cleaners)
Other cleaning solvents
Bug and tar removers
Household cleansers, oven cleaners
White Copy-Health Department/ Canary Copy-Business
TOXIC AND HAZARDOUS MATERIALS REGISTRATION FORM
NAME OF BUSINESS: Pr(auo's COM Mail To:
BUSINESS LOCATION: Board of Health
Town of Barnstable
MAILING ADDRESS: P.O. Box 534.
TELEPHONE NUMBER: Hyannis, MA 02601
CONTACT PERSON:
EMERGENCY CONTACT TELEPHONE NUMBER:
Does your firm store any of the toxic or hazardous materials listed below, either for sale or for
your own use, in quantities totp9ing, at any time, more than 50 gallons liquid volume or 25 pounds dry
weight? YES NO
This form must be returned to the Board of Health regardless of a yes or no answer. Use the
enclosed envelope for your convenience.
If you answered YES above, please indicate if the materials are stored at a site other than your
mailing address:
ADDRESS:
TELEPHONE:
LIST OF TOXIC AND HAZARDOUS MATERIALS
The Board of Health has determined that the following products exhibit toxic or hazardous character-
istics and must be registered regardless of volume. Please estimate the quantity beside the product that
you store:
Quantity/Case Quantity/Case
Antifreeze (for gasoline or coolant systems) Drain cleaners
Automatic transmission fluid Toilet cleaners
Engine and radiator flushes Cesspool cleaners
Hydraulic fluid (including brake fluid) Disinfectants
Motor oils/waste oils Road Salt (Halite)
Gasoline, Jet fuel Refrigerants
Diesel fuel, kerosene, #2 heating oil Pesticides (insecticides, herbicides,
Other petroleum products: grease, lubricants rodenticides)
Degreasers for engines and metal Photochemicals (fixers and developers)
Degreasers for driveways & garages Printing ink
Battery acid (electrolyte) Wood preservatives (creosote)
Rustproofers Swimming pool chlorine
Car wash detergents Lye or caustic soda
Car waxes and polishes Jewelry cleaners
Asphalt & roofing tar Leather dyes
Paints, varnishes, stains, dyes Fertilizers (if stored outdoors)
Paint & lacquer thinners PCB's
Paint & varnish removers, deglossers Other chlorinated hydrocarbons,
Paint brush cleaners (inc. carbon tetrachloride)
Floor & furniture strippers Any other products with "Poison" labels
Metal polishes (including chloroform, formaldehyde,
Laundry soil & stain removers hydrochloric acid, other acids)
(including bleach) Other products not listed which you feel may
Spot removers & cleaning fluids be toxic or hazardous (please list):
(dry cleaners)
Other cleaning solvents
Bug and tar removers
Household cleansers, oven cleaners
White Copy- Health Department/ Canary Copy-Business
TOWN OF BARNSTABLE COMPLIANCE: CLASS: 1.Marine,Gas Station. Repair
satisfactory 2.Printers
BO��,D OF HEALTH 3.Auto Body Shops
Ly 9ir�/y N �'A�z /� Q unsatisfactory- 4.Manufacturers
COMPANY YI AJ' • Z. (see Orders ) 5.Retail Stores
6.Fuel Suppliers
ADDRESS Class: 7.Miscellaneous
QUANTITIES ANDS ORAGE (IN=indoors;OUT=outdoors)
MAJOR MATLVRL4,.LS Case lots ]Drums Above Tanks Undergi-ound
IN OUT IN OUT IN OUT #&gallons Age Test
Fuels:
Heavy Oils:
waste motor oil (C)
motor oil (C)
Synthetic Organics:
�--d�gXease�s-,----•.-.r
iscel aneous:
DISPOSAURECLAMATION REMARKS: �/
1. Sanitary Sewage 2. Water Supply f_ 41� 4- " .
ATown Sewer Public
O On-site G OPrivate
3. Indoor Floor Drains YES NO
O Holding tank:MDC
O Catch basin/Dry well
O On-site system 9!5f� 49z�
4. Outdoor Surface drains:YES NO ORD :
Q Holding tank:MDC C
O Catch basin/Dry well
O On-site system
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5.Waste Transporter
Name of Hauler Destination Waste Product
1.
6 YES NO
2.
I f__k_RML A (1,
erson(s) In Ye wed Inspector Date
TOWN OF BARNSTABLE
LOCATION SEWAGE # h1131
VILLAGE ASSESSOR'S MAP &LOT 90- 13
INSTALLER'S NAME&PHONE NO.
SEPTIC TANK CAPACITY J-a"
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LEACHING FACILITY: (type) Ae-r C'dST �/75 (size)AZ) /0;,,r 40.04
NO.OF BEDROOMS
BUILDER OR OWNER Mr n
PERMITDATE: COMPLIANCE
zE vv r. n
Separation Distance Between the:
Maximum Adjusted Groundwater Table and Bottom of Leaching Facility Feet
Private Water Supply Well and Leaching Facility (If any wells exist
on site or within 200 feet of leaching facility) Feet
Edge of Wetland and Leaching Facility(If any wetlands exist
within 300 feet of leaching facility) Feet
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Executive Office of Environmental-Affairs %;,� t I X2 lam.
Department ®f
Environmental Protectio�:t: :
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Trudy Coxe ?.
S�vatary.EOEA ,j�s+
David B. Sttuhs
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SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FOR'M"'
MAP# cI� PART A `lp �,, ., .
PARMY J3 CERTIFICATION Tti J �N �� /, ��O���U`r�,S'
70 /�//r'/�old'% ,P�
Property Address: Address of Owner:
Date of Inspection: /� _ (If different)
Name of Inspector: Jm CS 'D S fi9it'S'
Company Name, Address and Telephone Number:
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A & B Canco 350 Main Street West Yarmouth, MA 02673 (508) 775-28*00
CERTIFICATION STATEMENT
I oertify that I have personally inspected the sewage disposal system at this address and that the information reported below is true,accurate
and complete as of the time of inspection. The inspection was performed based on my training and experience in the proper function and
maintenance of on-site
sewage disposal systems. The system:
_V Passes
Conditionally Passes
_ Needs Further Evaluation By the Local Approving Authority
Fails �E}
Inspector's signature: d' Date:
The System Inspector shall submit a copy of this inspection report to the Approving Authority.within thirty(30)days of completing this
inspection. If the system is a shared system or has a design flow of 10,000 gpd or greater,the inspector and the system owner shall submit the
report to the appropriate regional office of the Department of Environmental Protection.
The original should be sent to the system owner and copies sent to the buyer, if applicable and the approving authority.
INSPECTION SUMMARY:
Check A, B, C,or D:
=found
ES:
arty information which indicates that the systemyjviolates any of the failure criteria'as defined in 310 CMR 15.303.
Any failure criteria not evaluated are indicated below.
B] SYSTEM CONDITIONALLY PASSES:
One or more system components need to be replaced or repaired. The system,upon completion of the replacement or repair,passes
inspection.
Indicate yea, no,or not determined(Y,N,or ND). Describe basin of determination in all instances. If"not determined",explain why not)
The septic tank is metal,cracked,structurally unsound, shows substantial infiltration or exfiltration,.or tank failure is
imminent. The system will pass inspection if the existing septic tank is replaced with a ponforming septic tank as approved
by the Board of Health.
(revised 11/03/95) I
One VAnter Street a Boston,(Massachusetts 02108 a FAX(617)5WI049 a Telephone(617)M-srm
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SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM
PART A
CERTIFICATION(oontinued)
Property Address:
Owner.
Date of Inspection:
I
B]SYSTEM CONDITIONALLY PASSES (continued)
Sewage backup or breakout or high static water level observed in the distribution box is ue to broken or obstructed pipe(s)
or due to a broken, settled or uneven distribution box. The system will pass inspectio if(with approval of the Board of
Health):
broken pipe(s)are replaced
obstruction is removed
distribution box is levelled or replaced
The system required pumping more than four times a year due to broke r obstructed pipe(s). The system will pass
inspection if(with approval of the Board of Health):
broken pipe(s)are replaced
obstruction is removed
CJ FURTHER EVALUATION IS REQUIRED BY THE BOARD OF TH:
Conditions exist which require further evaluation by the Bo of Health in order to determine if the system is failing to protect the
public health, safety and the environment.
1) SYSTEM WILL PASS UNLESS BOARD OF H H DETERMINES THAT THE SYSTEM IS NOT FUNCTIONING IN A
MANNER WHICH WILL PROTECT THE PUB C HEALTH AND SAFETY AND THE ENVIRONMENT:
Cesspool or privy is within 50 feet of surface water
Cesspool or privy is within 50 feet a bordering vegetated wetland or a salt marsh.
3) SYSTEM WILL FAIL UNLESS THE ARD OF HEALTH (AND PUBLIC WATER SUPPLIER,IF APPROPRIATE)
DETERMINES THAT THE SYSTE IS FUNCTIONING IN A MANNER THAT PROTECT THE PUBLIC HEALTH AND
SAFETY AND THE ENVIRONME
The system has a septi tank and soil absorption system and is within 100 feet to a surface water supply or tributary to a
surface water supply.
The system has a tic tank and soil absorption system and is within a Zone I of a public water supply well.
The system has a ptic tank and soil absorption system and is within 50 feet of a private water supply well.
The system has septic tank and soil absorption system and is less than 100 feet but 50 feet or more from a private water
supply well, eas a well water analysis for coliform bacteria and volatile organic compounds indicates that the well is tree
from pollutio from that facility and the presence of ammonia nitrogen and nitrate nitrogen is equal to or'less than 5 ppm.
3) OTHER
(revi 11/03/95) 2
SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM
PART A
CERTIFICATION(continued)
Property Address:
Owner.
Date of Inspection:
DJ SYSTEM FAILS:
I have determined that the system violates one or more of the following failure criteria as defin in 310 CMR 15.303. The basis for
this determination is identified below. The Board of Health should be contacted to determine t will be necessary to correct the
failure.
Backup of sewage into facility or system component due to an overloaded or cl SAS or cesspool.
Discharge or ponding of effluent to the surface of the ground or surface re due to an overloaded or clogged SAS or
cesspool.
Static liquid level in the distribution box above outlet invert due to overloaded or clogged SAS or cesspool.
Liquid depth in cesspool is less than 6"below invert or available olume is less than 1/2 day flow.
Required pumping more than 4 times in the last year NOT ue to clogged or obstructed pipe(s).
Number of times pumped
Any portion of the Soil Absorption System, cesspool privy is below the high groundwater elevation.
Any portion of a cesspool or privy is within 100 t of a surface water supply or tributary to a surface water supply.
Any portion of a cesspool or privy is within Zone I of a public well.
Any portion of a cesspool or privy is wi ' 50 feet of a private water supply well.
Any portion of a cesspool or privy ' less than 100 feet but greater than 50 feet from a private water supply well with no
acceptable water quality analysis If the well has been analyzed to be acceptable,attach copy of well water analysis for
coliform bacteria,volatile o c compounds, ammonia nitrogen and nitrate nitrogen.
El LARGE SYSTEM FAILS:
The following criteria apply ge systems in addition to the criteria above:
The system serves a with a design flow of 10,000 gpd or greater(Large System)and the system is a significant threat to public
health and safety and t environment because one or more of the following conditions exist:
the syste is within 400 feet of a surface drinking water supply
the m is within 200 feet of a tributary to a surface drinking water supply
the system is located in a nitrogen sensitive area(Interim Wellhead Protection Area(IWPA)or a mapped Zone lI of a public
ter supply well)
The owner or ope for of any such system shall bring the system and facility into full compliance with the groundwater treatment program
requirements of 14 CMR 6.00 and 6.00. Please consult the local regional office of the Department for fluther information..
(revis 11/03/95) 3
SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM
PART B
CHECKLIST
Property Address:
Owner.
Date of Inspection:
Check if the following have been done:
ping information was requested of the owner,occupant, and Board of Health.
V None of the system components have been um for at least two weeks and the stem has been receiving normal flow rates
— pumped system `nn8
during that period. Large volumes of water have not been introduced into the system recently or as part of this inspection.
N/ As built plan,have been obtained and examined. Note if they are not available with N/A.
e facility or dwelling was inspected for signs of sewage back-up.
�y
Y The system does not receive non-sanitary or industrial waste flow
—
V e site was inspected for sign,of breakout.
V All m components,I Kcludin the Soil Absorption System, have
_ ry�R po g rp y e been located on the site.
,ZThe septic tank manholes were uncovered,opened, and the interior of the septic tank was inspected for condition of baffles or
i V T tees,material of construction, dimensions, depth of liquid,depth of sludge,depth of scum.
he size and location of the Soil Absorption System on the site has been determined based on existing information or
appra:imated by non-intrusive methods.
`V//The facility owner(and occupants, if different from owner) were provided with information on the proper maintenance of Sub-
Surface Disposal System.
(revised 11/03/95) 4
SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM
PART C
SYSTEM INFORMATION
Property Address:
Owner.
Date of Inspection:
I
FLOW CONDITIONS
RESIDENTIAL-
Design flow: gallons
Number of bedrooms:
Number of current residents:_
Garbage grinder(pea or no):_
Laundry connected to system(yes or no):_
Seasonal use(yea or no):_
Water meter readings, if available:
Last date of occupancy:
COMMERCIAL/INDUSTRIAL:
Type of establishment: O /—/-/C F /4.��•
Design flow:_gallona/day
Grease trap present: (yes or no)—J"
Industrial Waste Holding Tank present: (yes or no) A10
Non-sanitary waste discharged to the Title 5 system: (yes or no) ea N A
Water meter readings, if available: /t
Last date of occupancy:
OTHER:(Describe)
Last date of occupancy:
GENERAL INFORMATION
PUMPING RECORDS and source of information:
System pumped as part of inspection: (yes or no),�/L)
If yea,volume pumped: ______gallons
Reason for pumping:
TYPE QF SYSTEM
V Septic tank/distribution box/soil absorption system
Single cesspool
Overflow cesspool
Privy
Shared system(yes or no) (if yes, attach previous inspection records, if any)
Other(explain) P 6 by A
APPROXIMATE AGE of all components,date installed(if known)and source of information:
Sewage odors detected when arriving at the site: (yes or no) A/U
(revised 11/03/95) 6
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SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM
PART C
SYSTEM INFORMATION (continued)
Property Address:
Owner.
Date of Inspection
SEPTIC TANK
(locate on site plan)
/I
Depth below grade:
Material of construction: l�ooncrete_metal_FRP_other(explain)
Dimensions: evv
Sludge depth: `
Distance from top of sludge to bottom of outlet tee or baffler
Scum thickness: i
Distance from top of scum to top of outlet tee or baffle: I?
Distance from bottom of scum,to bottom of outlet tee or baffle:
Comments:
(recommendation for pumping,condition of inlet and outlet tees or baffles,depth of liquid level in relation to outlet invert, structural integrity,
evidence of leakage,etc.) _ TAN/v—,(� A Gr woj?h/Aver J_ I'!/£L ,T/A., ,_f T 1� 0 y-,_4 7 7F f s
J A,' A/�/T C C e KJ 0T/7
GREASE TRAP-
(locate on site plan)
Depth below grade:
Material of construction:_concrete_metal_FRP_other(explain)
Dimensions:
Scum thickness:
Distance from top of scum to top of outlet tee or baffle:
Distance from bottom of scum to bottom of outlet tee or baffle:
Comments:
(recommendation for pumping,condition of inlet and outlet tees or baffles, depth of liquid level in relation to outlet invert, structural integrity,
evidence of leakage,etc.)
(revised 11/03/95) g
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SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM
PART C
SYSTEM INFORMATION(continued)
Property Address
Owner.
Date of Inspection
TIGHT OR HOLDING TANK_
(locate on site plan)
Depth below grade:
Material of construction:_concrete_metal_FRP--other(explain)
Dimensions:
Capacity: gallons
Design flow: Rallons/day
Alarm level:
Comments:
(condition of inlet tee,condition of alarm and float switches,etc.)
DISTRIBUTION BOX: V
(locate on site plan)
Depth of liquid level above outlet invert: d
Comments:
(note if level and distribution is equal,evidence of solids carryover,evidence of leakage into or out of box,etc.)
Lox is -'V .S y .�/,VF S a��
7 U303( eOV£R /S sT£EL- D9A,�) 47_ CIP,4D ;E
PUMP CHAMBER:-
(locate on site plan)
Pumps in working order:(yes or no) /�Z:S
Comments:
(note condition of pump chamber,condition of pumps and appurtenances,etc.) /s lDeG
4041ni.05 0 Co;i PVA-s Scv/rc/f I'S A,v�
/=74a AT LC a emA moo TtAl
/iLlll�'�1 wc�rfc'�n. � l3oT/f oUfRS i9.t'£ S £lL—
(revised 11/03/95) 7
SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM
PART C
SYSTEM INFORMATION(continued)
Property Address:
Owner.
Date of Inspection: /
SOIL ABSORPTION SYSTEM (SAS): y
(locate on site plan, if possible;excavation not required,but may be approximated by non-intrusive methods)
If not determined to be present,explain:
Type: )/
leaching pits, number: `t
leaching chambers, number:_
leaching galleries,number:
leaching trenches, number,length:
leaching fields, number,dimensions:
overflow cesspool, number:
Comments: (note conditiy��,,of soil, signs of hydraulic failure, level of ponding, condition of vegetation,etc.)
/OZ-„ C,4)- ®OR C eo i
CESSPOOLS:_
(locate on site plan)
Number and configuration:
Depth-top of liquid to inlet invert:
Depth of solids layer:
Depth of scum layer:
Dimensions of cesspool:
Materials of construction:
Indication of groundwater:
inflow(cesspool must be pumped as part of inspection)
Comments: (note condition of soil,signs of hydraulic failure, level of ponding,condition of vegetation,etc.)
PRIVY:
(locate on site plan)
Materials of construction: Dimensions:
Depth of solids:
Comments: (note condition of soil,signs of hydraulic failure, level of ponding,condition of vegetation,etc.)
(revised 11/03/95) 8
SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM
PART C
SYSTEM INFORMATION(continued)
Property Address
Owner.
Date of Inspection:
SKETCH OF SEWAGE DISPOSAL SYSTEM:
include ties to at least two permanent references landmarks or benchmarks
locate all wells within 100' O O
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TANk 7�94VAV
DEPTH TO GROUNDWATER
Depth to groundwater: feet
method of determination or approximation: p l �J C///q/
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(revised 11/03/95)
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COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
SOUTHEAST REGIONAL OFFICE
ARGEO PAUL CELLUCCI TRUDY COXE
Governor Secretary
DAVID B. STRUHS
DCommissioner
' 0
March 27, 1998
Mr. John Bambara, CEO RE : BARNSTABLE--WSC/SMP/RTN-4-1080
c/o Mr. Richard Jones Packaging Industries, Plant #2&3
Sentinel Products Corporation 80-96 Airport Road
Packaging Industries Division PHASE II - SCOPE OF WORK APPROVAL
70 Airport Road M.G.L. c . 21E and MCP, 310 CMR
Hyannis, Massachusetts 02601 .40 . 0000
Dear Mr. Bambara:
The Department of Environmental Protection, Bureau of Waste Site
Cleanup (the Department) , has received the "Phase II Scope of Work;
Packaging Industries, Former Plants #2 and #3 Site, 80-96 Airport
Road, Hyannis, Massachusetts, DEP Site No. 4-1080" (the Scope of
Work) dated September 1996, prepared by Tighe and Bond. The
Department is also in receipt of a letter titled "Phase II Schedule,
P. I . , Inc . , Plant Nos . 2 and 3 , RTN #4-1080" (the Phase II Schedule)
dated March 11, 1998 , prepared by Tighe and Bond. The Department
hereby approves the Scope of Work and the Phase IT Schedule with the
following conditions :
1 . The assessment activities should be expanded to address :
a. the potential impacts associated with the leaching pit
located between Former Plant Numbers 2 and 3 depicted
on the map titled "Local Site Plan, Immediate Response
Action, Plant Nos . 2 and 3 , P. I . , Inc . , Hyannis,
Massachusetts" (the Site Map) dated September 1996 and
prepared by Tighe and Bond. The assessment shall
include an evaluation of the potential existence of
volatile organic compounds including chlorinated
solvents (i .e . , tetrachloroethylene and Freon,. etc . )
in the soil of the leaching pit . The sample
collection depths, field data and laboratory
analytical data associated with this-evaluation should
be tabulated in the Phase II Report . In addition,,the
depth of the bottom of the leaching pit should also be
specified in the Phase II .
20 Riverside Drive 0 Lakeville, Massachusetts 02347 • FAX(508) 947-6557 • Telephone (508) 946-2700
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b. the potential existence of volatile organic compounds,
including chlorinated solvents (i .e . , tetrachloro-
ethylene, Freon 11, 12 and 114, etc . ) , in the two (2)
potable water wells referenced on page 1-5 of the
Scope of Work. The Phase II Report should contain
documentation which demonstrates whether or not the
pumping equipment is still intact . It is anticipated
that these wells may serve as future potable water
sources ..
C . the identification of Freon in the municipal water
supply well located on the Barnstable Municipal
Airport . If this well has not been recently sampled,
a sample should be collected and analyzed for volatile
organic compounds including chlorinated solvents and
Freon 11, 12 and 114 . The samples should 'be analyzed
by the appropriate EPA- 500 series Test Method. The
need to evaluate this exposure pathway in the Risk
Characterization should be based on the analytical
data. In addition, the Phase II Report should also
specify the well screen depth.
d. the potential impacts associated with the floor drains
identified by Briggs Associates during their
inspection of Plant Number .2 . Refer to the report
titled "Preliminary Environmental Site Assessment for
80-96 Airport Road, Hyannis, Massachusetts" dated
March 1, 1991 and prepared by Briggs Associates for
additional information.
e . the groundwater shift referenced on page 1-2 of the
Scope of Work.
f . all the potential impacts to Fresh Hole Pond. The
assessment should be of adequate scope and complexity
to permit the completion of a Human Health and
Ecological Risk Assessment in accordance with 310 CMR
40 . 0900 and Department Policy BWSC/ORS-95-141 titled
"Guidance for Disposal Site Risk Characterization"
dated July 1995 and "Guidance for Environmental Risk
Characterization. in Support of Massachusetts
Contingency Plan" dated April 22, 1996 . In addition,
the assessment should include an evaluation of metals
in both the surface water and sediments of the Pond.
A sample shall also be collected to evaluate the
surface water hardness .
2 . The proposed well cluster designated as MW-3S-96/MW-3D-96
on the Site Map should be relocated immediately
downgradient of the leaching pit referenced in item la
above . MW-5-96 should also be relocated between Fresh Hole
Pond and the existing buildings to permit the evaluation of
the potential impacts associated with the Pond on the
r
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groundwater. The wells should be installed in accordance
with Department Policy #WSC-310-91 titled "Standard
References for Monitoring Wells" (Standard References) .
The shallow well should be screened to intersect the
groundwater table . Placement of the deep well screen
should be -terminated at the low permeability layer of silt
and clay - identified in the vicinity of the site between
fifty (50) and one-hundred and fifty (150) feet below
grade . An intermediate well should be installed based on
the geological information and field screening data
obtained during the installation of the new wells . In
addition, documentation (i .e . , boring logs, well completion
diagrams, field screening data and laboratory analytical
data) generated as a result of the-. installation of these
wells should be included in the Phase II Report .
3 . The Site Map should be modified to depict the location of
the leaching pit, the potable water wells, the newly
installed monitoring wells and borings and any discharge .
pipes originating from the properties located at 80-96
Airport Road. The termination point of each discharge pipe
should also be clearly indicated on the Site Map.
4 . All of'the monitoring wells should be surveyed to the same
mean sea level datum point (NGVD of 1929) Sufficient
gauging data should be collected to permit the construction
of a current groundwater contour map. The surface water
elevation of Fresh Hole Pond. should also be used to
evaluate the'-hydraulic relationship between groundwater and
surface water. In addition, the horizontal and vertical
hydraulic gradients and the groundwater flow rate should be
calculated.
5 . According to page 3-2 of the Scope of Work, monitoring. well
OW-1 may have been damaged and no longer useful as a valid
monitoring point . The well should be inspected and either
repaired as necessary or decommissioned in accordance with
Standard References . If the well is decommissioned, the
need for a future well in this location should be
evaluated.
5 . The activities specified in the Scope of the Work should be
completed in accordance with 310 CMR 40 . 0000, the Phase II
Schedule and the conditions contained herein. The
timeframes specified in the Phase II Schedule are
considered interim deadlines pursuant to 310 CMR
40 : 0167 (3) (a) . Failure to comply with the Interim
Deadlines may result in enforcement action pursuant to 310
CMR 40 . 0000 .
y,
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Should you have questions regarding this letter, please contact
Laura Stanley at the letterhead address or at (508) 946-2880 . The
Department appreciates your anticipated cooperation in this matter.
Very. t my yours,
erard M.R. Martin, Chief
Site Management & Permit Section
M\LAS\cb
CERTIFIED MAIL NO. Z 333 584 152
RETURN RECEIPT REQUESTED
CC : Barnstable Board of Health .
P.O. Box 534
Hyannis, Massachusetts 02601
ATTN: Tom McKearn, Hazardous Waste Coordinator
Town of Barnstable
367 Main Street
Hyannis, Massachusetts 02.601
ATTN: Warren .Rutherford, Town Manager
Barnstable Water Company
47 Old Yarmouth Road
Hyannis, Massachusetts 02601
ATTN: George Wadsworth, President
Barnstable Municipal Airport
Boardman-Polando Field
480 Barnstable Road, 2nd floor
Hyannis, Massachusetts 02601
ATTN: Benjamin C. 'Jones, Airport Manager
Tighe & Bond Consulting Engineers
Westfield Executive. Park
53 Southampton Road
Westfield, Massachusetts 01085-5308
ATTN: Evan T. Johnson, LSP
Wynn & Wynn, P. C.
310 Barnstable Road
Hyannis, Massachusetts 02601
ATTN: Michael Princi
Independence Park, Incorporated
P.O. Box 1776
Hyannis, Massachusetts 02601
ATTN: L. Paul Lorusso, President
DEP-SERO
ATTN: Jonathan Hobill, Regional Engineer, BWSC
Data Entry
e
0.'...
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL, AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION'
SOUTHEAST REGIONAL OFFICE
WILLIAM F. WELD. ' TRUDY COXE
Governdi• SecretarY
ARGEO PAUL CELLUCCI DAVID B. STRUHS
Lt. Governor c(oply Commissioner
February 20, 1997
:fie •
Sentinel Products Corporation RE: BARNSTABLE--WSC/SMP-4-1080
Packaging Industries Division Packaging Industries
c/o John J. Kuzinevich Airport Road
Kuzinevich & Miller REQUEST FOR INFORMATION
20 Custom House Street M.G.L. c.21E and MCP,
Boston, -,Massachusetts 02110 310 CMR 40 . 0000
URGENT LEGAL MATTER: PROMPT REPLY NECESSARY
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Dear Gentlemen:
The" Massachusetts Department of Environmental Protection,
Bureau of Waste Site Cleanup (the `'Department) , is investigating a
release of hazardous material which occurred at Packaging
Industries located on Airport Road in Hyannis, Massachusetts (the
site) .
This -situation constitutes a release and a continuing threat
of release of hazardous materials at and from the site. The
prevention and mitigation of such a release and threat of release
:.is governed by M.G.L. c. 21E, the Massachusetts Oil and Hazardous
Materials Release Prevention and Response_ Act, and the
Massachusetts Contingency Plan, 310 CMR 40 . 6d66_-et- seg. (the
11MCP".) .
Pursuant to the Department' s authority to gather information,
and to investigate, sample, and inspect records, conditions,
equipment, practices, and property under M.G.L. c . 21E, §§ 2, 4, -
and 8, and the MCP, you (as used in this Request for Information,
the - term "you" refers to Sentinel Products Corporation) are
directed to provide the Department with the information listed on
Attachment B hereto before the close of business on March 17, -1997 .
This deadline constitutes an- enforceable interim deadline pursuant
to 310 •CMR 4 0-. 016 7 .
20 Riverside Drive 0 Lakeville, Massachusetts 02347 • FAX(508) 947-6557 0 Telephone (508) 946-2700
ip
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Be advised that consultation with legal counsel may prove
valuable in responding to this request and future supplemental
responses .
Your response to this Request for Information should include
evidence that you conducted a detailed and timely investigation of
. the facts surrounding the subject matter of this request .
Sources of such information may include, but are not limited
to: business records; past and present company publications, such.
as magazines, newsletters and annual reports; environmental audits
�. that analyzed facility operations, practices and the adequacy of
internal systems to achieve, maintain, and monitor compliance; and
i, ihterviews.. with present and former employees .
Failure to respond to this letter or the submission of false
or misleading information may subject you to legal action including
criminal prosecution, court-imposed civil penalties, administrative
orders or civil administrative penalties assessed by the
Department.
The Department also requests that you attend a meeting on
April 1, 1997, at 10 :00 a.m. . The meeting will be held in the
Southeast Regional Office of the Department, located at 20
Riverside Drive in Lakeville. The purpose of the meeting will be
to discuss your response to this Request for Information and the
financial inability claim previously submitted to the Department
for 'Packaging Industries . Please contact Laura Stanley within
seven (7) days of receipt of this letter if you need to arrange an
.alternative date or time.
The Department encourages you to give this matter your
immediate attention and to respond within the time specified above.
The completed response to this Request for Information should be
sent to me at the letterhead address above. If you have questions
please do not hesitate to * call Ms . Stanley at (508) 946-2880 .
Sincerely,
G rard M.R. Martin, Acting Chief.
to Management and Permit Section
M/LS/ka
CERTIFIED MAIL NO. P 058 740 855
RETURN RECEIPT REQUESTED
Attachments : Attachment A: Instructions for Submitting Response
Attachment B: Request for Information
Attachment C: Certification of Submittal
= -3-
cc: Barnstable Board of. Health
Post Office Box 534
Hyannis, Massachusetts 02601.
-ATTN: Tom McKeart,. Hazardous Waste Coordinator.
Town of Barnstable
367 Main Street.
Hyannis, Massachusetts 026,01
ATTN:. Warren Rutherford, Town Manager
DEP=SERO
ATTN:. Andrea Papadopoulos, Deputy Regional Director
Brad. Lacouture, REACT
Kevin Kiernan, Assistant Regional Counsel
Data Entry
QUESTIONS
1. Provide documentation which. demonstrates whether or not.
Sentinel Products continued to own equipment- at the site
after these, companies operated,:. independently of. one
another...
2 . Please state the. nature, if any, of Sentinel'"s- ownership
interests in the site prior to and after Sentinel
Products involvement with Packaging Industries ended.
3 . Describe in detail Sentinel's. involvement. in- 'the daily
operations at the Packaging Industry facility, including
but not limited to, the frequency with which Sentinel
personnel visited the facility, the nature of Sentinel
Product personnel' s responsibilities while at the
facility and names, titles, addresses and phone numbers
of Sentinel Product employees who conducted operations at
the site.
4 . Describe all activities undertaken at the Packaging
Industry facility by Sentinel, including but not limited.
z to:
i. a brief narrative of' the day to day operations of
the site for every three year period of Sentinel
Product' s ownership or involvement with Packaging
Industries and/or the site.
ii. a description of the generation, , storage,
placement, disposal or treatment of wastes and/or
materials at the site for every three year period
of Sentinel Product's ownership or involvement with
Packaging Industries and/or the site.
5 . State the beginning and ending dates of Sentinel
Products' .involvement with Packaging Industries and
operations at the site.
h
B-2
I �
Commonwealth of Massachusetts r2-
Executive Office of Environmental Affairspartment of Z47
Environmental Protectio0
Southeast Regional Office 1�r! 996
William F.Weld Trudy Coxe
Governor seen"
Argeo Paul Cell David B.Sdruhs
LL Govemor7 O D Commissioner
v March 18, 1996
Mr. Richard Jones RE: BARNSTABLE--WSC/SMP-4-1080
Sentinel Products Corporation Packaging Industries
Packaging Industries Division Plant #2 and 3
70 Airport Road 80-96 Airport Road
Hyannis, Masssac'&'-Lusetts 02601 -PMXIT MODIFICATION DENIAL
AND FINANCIAL INABILITY
M.G.L. c.21E and 310 CMR 40.0000
Dear Mr. Jones:
As you are aware, the Department of Environmental Protection,
Bureau of Waste Site Cleanup (the Department) issued you (as used
herein "you" and "your" refers to Packaging Industries) a Transition
Classification and Permit Statement (a Permit Statement) • for
Packaging Industries Plant numbers 2 and 3 located at 80-96 Airport
Road in Barnstable, Massachusetts. The Permit Statement indicated
that the above-referenced property is classified as a categorical
Tier IA disposal site pursuant to 310 CMR 40.0640 of the revised
Massachusetts Contingency Plan (the MCP) effective October 1, 1996.
The Permit also indicated that Comprehensive Response Actions are
necessary at the site to address the release of volatile organic
compounds.
On September 20, 1994, the Department received a report titled
"Immediate Response Action, Major Permit Modification and Transition
Permit Statement, Site #4-1080" (the Major Permit Modification
Report) dated September 14, 1994, prepared by Tighe & Bond Consulting
Engineers (Tighe to Bond) . r!`}:o 'Report i- i cated that
dichlorodifluoromethane, otherwise know as Freon 12, was identified
in the groundwater from thirteen (13) of twenty-eight (28) monitoring
wells sampled at the site at concentrations up to 480 ug/l. The
Report also indicated the apparent source of freon compounds was
removed from the site and there is no evidence of a highly
concentrated freon plume migrating beneath the site toward the Maher
Wellfield. Based on this information, Tighe & Bond recommended that
the site be re-classified as a Tier IC disposal site.
On December 19, 1994, the Department informed you in writing
that the Major Permit Modification Report is technically deficient
and that additional information is required to address the
deficiencies. The Department requested that information to address
20 Riverside Drive s Lakeville,Massachusetb 02347 s FAX(508)9474557 s Telephone (508) 946-2700
0 Printed on Recycled Paper
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the deficiencies be provided within thirty (30) days of receipt of
its letter titled "Major Permit Modification for Plants 2 and 311,
dated December 19, 1994. This documentation was never submitted to
the Department. As a result, the Department hereby denies the Major
Permit Modification submitted on September 20_, 1994. The site has
remained as a categorical Tier IA status and additional response
actions must be conducted at the site to achieve a permanent solution
pursuant to 310 CMR 40.1000.
If your are financially unable to conduct the actions necessary
to achieve a permanent solution, a formal request for financial
inability prepared pursuant to 310 CMR 40.0172 must be submitted to
the Department of Environmental Protection, Bureau of Waste Site
Cleanup, ATTN:. Elaine Jonnet, One Winter Street; Fifth Floor, Bost-on,
Massachusetts, 02108. The request must contain (a. ) the name,
address and site number, (b. ) your name, address, and telephone
number, (c. ) a statement of facts which demonstrates your financial
inability, (d. ) a plan prepared by the Licensed Site Professional of
record for the site for implementing the measures required pursuant
to 310 CMR 40.0172 (3) to the extent you have sufficient assets
available, and (e. ) a description of the measures you are taking, or
intend to take, to remedy your financial inability. In addition,
this request must be accompanied by copies of signed tax returns for
a period of five (5) years, bank statements, copies of all real
estate deeds as well as full financial disclosures with affidavits
relating to the same.
Please be advised that if the Department determines that you are
financially able to conduct the actions necessary to achieve a
permanent solution at the site, 'these actions must be conducted in
accordance with 310 CMR 40.0000 and documentation associated
therewith submitted to the Department.
The Department requests a written response be submitted within
fourteen (14) days of receipt of this letter to indicate whether or
not you intend to file a formal request for financial inability or
conduct the actions necessary to achieve a permanent solution at the
site pursuant to 310 CHR 40. 1000
Should you have questions regarding this letter, please contact
Laura Stanley at the letterhead address or at (508) 946-2880. The
Department appreciates your anticipated cooperation in this matter.
Sincerely,
Gerard M.R. iartin, Acting Chief
Site Management and Permit Section
M\LAS\re
I r
i
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CERTIFIED MAIL NO. P 606 844 545
RETURN RECEIPT REQUESTED
cc: Barnstable Board of Health
P.O. Box 534
Hyannis, Massachusetts 02601
ATTN: Tom McKearn, Hazardous Waste Coordinator
Town of Barnstable
367 Main Street
Hyannis, Massachusetts 02601
ATTN: Warren Rutherford, Town Manager
Barnstable Water Company
47 Old Yarmouth Road
Hyannis, Massachusetts 02601
ATTN: George Wadsworth, President
Barnstable Municipal Airport
Boardman-Polando Field
480 Barnstable -Road, 2nd floor
Hyannis, Massachusetts 02601
ATTN: Benjamin C. Jones, Airport Manager
Tighe & Bond Consulting Engineers
Westfield Executive Park
53 Southampton Road
Westfield, Massachusetts 01085-5308
ATTN: Evan T. Johnson, LSP
Independence Park, Incorporated
P.O. Box 1776
Hyannis, Massachusetts 02601
ATTN: L. Paul Lorusso, President
DEP - SERO
° ATTN: Andrea Papadopoulos, Deputy Regional Director
Jonat:ian nGL,il1, tiCtiny Regional EriC3 4 21eer
i
DEP - SERO
Data Entry
I
Commonwealth of Massachusetts
Executive Office of Environmental Affairs
Department of
Environmental Prot e iion
Southeast Regional Office gUCcfij�f�
William F.Weld 2 t9 � Trudy Coxe
Go"Mor
so—tw
Argeo Paul Celluccl
Lt Governor '� J DD avid o Struhs
Commissioner
a 9
August 28, - 46
Mr. Richard Jones RE: BARNSTABLE--WSC/SMP-4-1080
Sentinel Products Corporation Packaging Industries
Packaging Industries Division Plant Numbers 2 and 3
70 Airport Road 80-9-6 Airport Road
Hyannis, Massachusetts 02601 NOTICE OF NONCOMPLIANCE
Permit #82603
NON-SE-96-3R-036
NOTICE OF NONCOMPLIANCE
M.G.L. c. 21E. 310 CMR 40. 0000
This is an Important Notice. Failure to Respond to This Notice
Could Result in Serious Legal Consequences.
Dear Mr. Jones:
The Department -of Environmental Protection, Bureau of Waste
Site Cleanup (the Department) , records indicate that response
actions at the above-referenced site are not in compliance with one
or more laws, regulations, orders, licenses, permits, or approvals
enforced by the Department.
Attached hereto is a written description of: (1) each
activity referred to above, (2) the requirements violated, (3) the
.action the Department now wants you to take, and (4) the deadline
for taking such action.
If you fail to come into , compliance by the prescribed
deadline(s) , or if you otherwise fail to comply in the future with
requirements applicable to you, you could be subject to legal
action.
The Department is authorized to take any one or more of the
following actions against you for failure to comply with the
requirements imposed by M.G.L. c. 21E and the Massachusetts
Contingency Plan, 310 CMR 40. 0000:
Imposition of double the amount of permit fees otherwise
owed;
20 Riverside Drive • Lakeville,Massachusetts 02347 • FAX(508)947-6557 • Telephone (508) 946-2700
40 Printed on Recyded Paper
-2- ,
Assessments of up to three (3) times the amount of all
response action costs incurred by the Department, plus
sanctions for failure to perform response actions under
the MCP;
Assessment of interest on costs incurred at the rate of
twelve percent (12%) , compounded annually;
Assessments for damage to natural resources;
Placement of liens on all property located in the
Commonwealth, with authority to foreclose;
Initiation of civil judicial action brought by the
Attorney General; and/or
Initiation, of criminal action prosecuted by the Attorney
General.
In addition to the above list of prospective legal actions,
the Department may assess a civil administrative penalty for every
day from now on that you remain out of compliance with the
requirements described in this Notice of Noncompliance.
Questions regarding this matter should be directed to Laura
Stanley at the letterhead address or at (508) 946-2880.
very tr"'ly yours,
Gerard M.R. Martin, Acting Chief
Site Management and Permit Section
M/LAS/cb
CERTIFIED MAIL NO. P 256 391 819
RETURN RECEIPT REQUESTED
Attachment - Notice of Noncompliance
cc: Town of Barnstable
Town Hall
367 Main Street
Hyannis, Massachusetts 02601
ATTN: Warren Rutherford, Town Manager
-3-
cc: Hazardous Waste Coordinator
P.O. Box 534
Hyannis, Massachusetts 02601
ATTN: Tom McKearn
Independence Park, Incorporated
P.O. Box 1776
Hyannis, Massachusetts 02601
ATTN: L. Paul Lorusso, President
Kuzinevich and Miller, PC
20 Custom House Road
Boston, Massachusetts 02110
ATTN: John Kuzinevich
Barnstable Municipal Airport
Boardman-Polando Field
480 Barnstable Road, 2nd Floor
Hyannis, Massachusetts 02601
ATTN: Ben Jones, Airport Manager
DEP-BWSC-SERO
ATTN: Andrea Papadopoulos, Deputy Regional Director
Jonathan Hobill, Acting Regional Engineer, BWSC
Kevin Kiernan, Office of General Counsel
Mark Jablonski, Site Management and Permit Section
Regional Enforcement Office
Data Entry
NONCOMPLIANCE SUMMARY
NON-SE-96-3R-036
NAME OF ENTITY IN NONCOMPLIANCE:
Sentinel Products Corporation
Packaging Industries Corporation
i Packaging Industries Division
. 70 Airport Road
Hyannis, Massachusetts
LOCATION WHERE NONCOMPLIANCE OCCURRE13 OR WAS OBSERVED:
Site # WSC/SMP-4-1080
Former Packaging Industries _
Plant Numbers 2 and 3
80-96 Airport Road
Hyannis, Massachusetts 02601
DATE WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED:
August 9, 1996
DESCRIPTION OF NONCOMPLIANCE AND OF THE REQUIREMENTS NOT COMPLIED
WITH:
On March 28, . 1996, the Department received a letter report
titled "Barnstable--WSC/SMP-4-1080, Packaging Industries Plant
#2 and #3, 80-96 Airport Road and Barnstable--WSC/SMP/RTN-4-
11988, Packaging Industries, Plant #1, 70 Airport Road" prepared
by Sentinel Products Corporation indicating that you are
financially unable to achieve a permanent solution at the above
referenced disposal site. The letter also indicated that
Sentinel Products was in the process of compiling necessary
information to submit a formal request for financial inability.
On July 2; 1996, the Department informed you in writing that a
financial inability claim prepared pursuant to 310 CMR 40.0172
and -containing the information specified in the Department's
March 18, 1996 letter must be submitted to the Department before
the close of business on July 26, 1996. The Department also
informed you that this deadline constituted an enforceable
deadline pursuant to 310 CMR 40.0167.
On July 31, 1996, John Kuzinevich, your attorney contacted the
Department and requested a time extension for the submission of
a financial inability claim for the site. The Department
I '
extended this time frame to August 8, 1996.
On August 8, 1996, Sentinel Products Corporation submitted a -
financial inability claim to the Department for the site. A
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review of the claim revealed that relevant financial information °
was omitted for fiscal year 1996. Therefore, the Department
requested that you provide documentation which adequately
demonstrates that Packaging Industries is bankrupt.
To date, Sentinel Products Corporation has not provided the
necessary documentation to the Department to demonstrate that
you are bankrupt. Therefore,, you failed to provide an
administratively complete financial inability claim to the
Department by the August 8, 1996 interim deadline established
pursuant to 310 CMR 40.0167.
•ACTIONS TO BE TAKEN, AND THE DEADLINE FOR TARING SUCH ACTION:
By.. September. 91 1996, provide to the Department a copy -of the
Notice of Commencement of Case issued by the Bankruptcy Court;
or "
Provide to the Department by September 9, 1996, a Phase II Scope
of Work prepared pursuant to 310 CMR 40. 0834. The response
actions specified in the Scope of Work must then be conducted in
accordance with any approval conditions and the schedule
contained therein.
For the Department of Environmental Protection:
Date: A,, is �aq` Na "
rard. M.R. Martin, Acting Chief
ite Management and Permit Section
CERTIFIED MAIL NO. : P 256 391 819
RETURN RECEIPT REQUESTED
i-
Commonwealth of Massachusetts
Executive Office of Environmental Affairs
Department of , `. ��� ����
Environmental Protection - `�� ��
Southeast Regional Office 49-
William F.Weld 1
Gaovemor R r
Trudy Coxe
Sw-mtery,EOEA
David B. Struhs r t .J,
Comminionm (opy
July 29, 1996
Mr. Richard Jones RE: BARNSTABLE--WSC/SMP-4-1080
Sentinel Products Corporation Packaging Industries Plant
Packaging Industries Division Numbers 2 and 3
70 Airport Road 80-96 Airport Road
Hyannis, Massachusetts 02601 NOTICE OF ENFORCEMENT
CONFERENCE, M.G.L. c.21E
MCP, 310 CMR 40. 0000
NOTICE OF ENFORCEMENT CONFERENCE
THIS IS AN IMPORTANT NOTICE. FAILURE TO RESPOND TO THIS NOTICE
COULD RESULT IN SERIOUS LEGAL CONSEQUENCES ; ^
Dear Mr. Jones:
On May 4, 1994, the Department of Environmental Protection, .
Bureau of Waste Site Cleanup (the Department) issued you (as used
herein "you" and "your" refers to Packaging Industries a Transition
Classification and . Permit Statement (a Permit Statement) for
Packaging Industries Plant Numbers 2 and 3 located at 80-96 Airport
Road in Barnstable, Massachusetts. The Permit Statement indicated
that the above referenced property is classified as a categorical
Tier IA disposal site pursuant to 310 CMR 40. 0640 of the revised
Massachusetts Contingency Plan (the MCP) effective October 1, 1996.
The Permit also indicated that Comprehensive Response actions are
necessary at the site to address the release of volatile organic
compounds. .
On September 20, 1994 , the Department received a report titled
"Immediate Response Action, Major Permit Modification and
Transition Permit Statement, Site #4-1080" (the Permit Modification
Report) dated September 14, 1994 , prepared by Tighe and Bond
Consulting Engineers. The Permit Modification Report recommended
the site be re-classified as a Tier IC disposal site.
On December 19, 1994, the Department informed you in writing
that .the Permit Modification Report was technically deficient and
requested additional information be submitted to address the
20 Riverside Drive • Lakeville,Massachusetts 02347 • FAX(508)947-6557 • Telephone (508) 946-2700
t.
-2-
deficiencies. This information was to be submitted to the
Department within thirty (30) days of receipt of the Department's
letter titled "Major Permit Modification for Plant Numbers 2 and 3"
dated December 19, 1994. This documentation was never submitted to
the Department. The Department therefore denied the Major Permit
Modification submitted on September 20, 1994 and the site remained
as a categorical Tier IA site.
On March 28, 1996, the Department received a letter report
titled "Barnstable-WSC/SMP-4-108 0 ' Packaging Industries, Plant #2
and #3, 80-96 Airport Road and Barnstable-WSC/SMP/RTN-4-11988,
Packaging Industries, Plant #1, 70 Airport Road" prepared by,
Sentinel Products Corporation indicating that you are financially
unable to achieve a permanent solution at the site. The letter
also indicated that Sentinel Products was in the process of
compiling the necessary information to submit a formal request for
financial inability. You had until the close of business on July
26, 1996 to submit a formal .claim for financial inability pursuant
to 310 CMR 40.0172. However, this 'documentation was never
submitted to the Department.
The Department intends to take enforcement action against you
for failing to conduct necessary response actions at the site to
achieve a permanent solution pursuant to 310 CMR 40. 1000. Possible
actions include issuance by the Department of a CIVIL
ADMINISTRATIVE PENALTY, ENFORCEMENT ORDER, and/or referral of the
matter to the ATTORNEY GENERAL'S OFFICE, for CIVIL OR CRIMINAL
PROSECUTION. However, prior to proceeding . with an enforcement
action, the Department requests that you attend an enforcement
conference at this office on the following date and time:
LOCATION: DEP, Southeast Regional Office
20 Riverside Drive
Lakeville, MA 02347
DATE: August 8, 1996
TIME: 10:00 a.m.
The purpose of the enforcement conference is to provide you
with the opportunity to reach a negotiated agreement with the
Department to return to compliance and pay a civil administrative
penalty as appropriate. The Department believes that prompt
resolution of this case in a manner which ensures your expeditious
return to compliance and resolves all penalty issues through
negotiated agreement is mutually beneficial to both parties and
consistent with the Department's environmental protection goals.
The enforcement conference will provide you with the opportunity to
discuss the alleged violations and the return to compliance and/or
penalty conditions of a final enforcement document. Prompt
-3-
settlement can also decrease the resources you and the Department
might expend on protracted litigation of the issues.
If you either do not attend the enforcement conference or do
not reach a negotiated settlement, the Department will "initiate
appropriate enforcement action and you will have limited, if any,
further opportunity to reach a negotiated settlement of this case.
Please contact Laura Stanley at (508) 946-2880 to confirm your
attendance at the enforcement conference or if you have any
questions.
Sin ly,
r
e and M.R. Martin, A �inag Chief
Site Management and Permit Section
i
M/LAS
CERTIFIED MAIL # z 276 549 877
RETURN RECEIPT REQUESTED
i
cc: Barnstable Board of Health
P.O. Box 534
Hyannis, Massachusetts 02601
ATTN: Tom McKearn, Hazardous Waste Coordinator
.Town of Barnstable
367 Main Street
Hyannis, Massachusetts 02601
ATTN: Warren Rutherford, Town Manager
Barnstable Water Company
47 Old Yarmouth Road
Hyannis, Massachusetts 02601
ATTN: George Wardsworth, President
Barnstable Municipal Airport
Boardman-Polando Field
480 Barnstable Road, 2nd Floor
Hyannis, Massachusetts 02601
ATTN: Benjamin Jones, -Airport Manager
Independence Park, Incorporated
P.O. Box 1776
Hyannis, Massachusetts 02601
ATTN: L. Paul Lorusso, President
-4-
cc: DEP-SERO
ATTN: Andrea Papadopoulos, Deputy Regional-Director
Jonathan Hobill, Acting Regional Engineer, BWSC
Mark Jablonski, Site Management. and, Permit Section
Kevin Kiernan, Deputy Regional Counsel
Thomas Mason, Assistant Regional Counsel
Regional Enforcement Office
Data Entry
I
i
1 Commonwealth of Massachusetts
Executive Office of Environmental Affairs
Department of
Environmental Protection
Southeast Regional Office
William F.Weld Trudy Coxe
Governor D Secretary
Argeo Paul Cellucel COIF
David B. Struhs
Lt.Governor comm1w1oner
July 2, 1996
Mr. Richard Jones RE: BARNSTABLE--WSC/SMP-4-1080
Sentinel Products Corporation Packaging Industries
Packaging Industries Division Plant #2 and 3
70 Airport Road 80-96 Airport Road
Hyannis, Massachusetts 02601 FINANCIAL INABILITY/INTERIM
DEADLINE, M.G.L. c.21E and
310 CMR 40. 0000
Dear Mr. Jones:
On March 18, 1996, the Department of Environmental Protection,
Bureau of Waste Site Cleanup (the Department) informed you (as used
herein "you" and "your" refers to Sentinel Products Corporation) in
writing that the Permit Modification Application submitted to the
Department on December 19, 1994 for Plant Numbers 2 and 3 was denied.
At this time, the Department also informed you that the above
referenced disposal site remained as Tier IA status and that
additional response actions are required at the site to achieve a
permanent solution pursuant to 310 CMR 40. 0000. The Department
further indicated in a March 18, 1996 letter that a formal request
for financial inability pursuant to 310 CMR 40. 0127 must be submitted
to the Department if you are financially unable to conduct the
actions necessary to achieve a permanent solution.
On March 28, 1996, the Department received a letter report
titled "Barnstable-WSC/SMP-4-1080, Packaging Industries, Plant #2 and
#3 , 80-96 Airport Road and Barnstable-WSC/SMP/RTN-4-11988, Packaging
Industries, Plant #1, 70 Airport Road" prepared by Sentinel Products
Corporation indicating that you are financially unable to achieve a
permanent solution at the site. The letter also indicated that
Sentinel Products is in the process of compiling necessary
information to submit a formal request for financial inability.
To date, Sentinel Products Corporation has not provided
necessary documentation to the Department to consider your financial
inability claim. For such a request to be considered, information
specified in 310 CMR 40. 0172 and the Department's March 18th letter
must be submitted to the Department before the close of business on
July 26, 1996. After this date, the Department may assume that your
are financially able to perform the response actions required under
the MCP. This deadline constitutes an enforceable interim deadline
pursuant to 310 CMR 40.0167 .
20 Riverside Drive • Lakeville,Massachusetts 02347 o FAX(508)947-6557 • Telephone (508) 946-2700
i J Printed on Recycled Paper
I
i
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Please be advised that M.G.L. Chapter 21E, section 5 (e) states
that a person who fails to provide notice of Financial Inability as
required by 310 CMR 40. 0172 , or provides such notice without a good
faith basis (i.e. , sufficient documentation), may be held liable for
up to three (3) times the full amount of the Department's Response
Action Costs incurred with respect to the site at issue.
The Department encourages you to give this matter your immediate
attention and to respond within the time frame specified above. The
completed response should be submitted to the Department of
Environmental Protection, Bureau of Waste Site Cleanup, ATTN; Robert
Kalaghan, One Winter Street, Fifth Floor, Boston, Massachusetts,
02108. A copy of the response should also be submitted to Laura
Stanley at the letterhead address. If you have any questions
regarding this letter do not hesitate to contact Ms. Stanley at (508)
946-2880.
Very truly yours,
erard M.R. Martin, Acting Chief
Site Management and Permit Section,
M\LAS\cb
CERTIFIED MAIL NO. P 256 393 388
RETURN RECEIPT REQUESTED
. cc: Barnstable Board of Health
P.O. Box 534
Hyannis, Massachusetts 02601
ATTN: Tom McKearn, Hazardous Waste Coordinator
Town of Barnstable
367 Main Street
Hyannis, Massachusetts 02601
ATTN: Warren Rutherford, Town Manager
Barnstable Water Company
47 Old Yarmouth Road
Hyannis, Massachusetts 02601
ATTN: George Wadsworth, President
Barnstable Municipal Airport
Boardman-Polando Field
480 Barnstable Road, 2nd floor
Hyannis, Massachusetts 02601
ATTN: Benjamin C. Jones, Airport Manager
i
-3-
cc: Independence Park, Incorporated
P.O. Box 1776
Hyannis, Massachusetts 02601
ATTN: L. Paul Lorusso, President
DEP-Boston
ATTN: Robert Kalaghan, Cost Recovery and Revenues
J
DEP-SERO
ATTN: Andrea Papadopoulos, Deputy Regional Director
Jonathan Hobill, Acting Regional Engineer
Kevin Kiernan, Deputy Regional Counsel
Thomas Mason, Assistant Regional Counsel
Data Entry
I
Commonwealth of Mcmachusetts
t. Executive Office of Environmental Affairs
Department of
Environmental Prote tion
Southeast Regional Office
W IMM F.Wald Thud►C e
t A 9 uuh
P•wl Ulucci David L Sa
ncr
canunlulon.r
URGENT LEGAL ER: PROMPT AC ION CESSARY
CERTIFIED TURN RECE RE VESTED
March 19, 1 96
Mr. Richard Jones RE: BARNS LE-�-WSC/SMP/RTN-4-11988
Sentinel Products Corporation Packaging Industries, Plant #1
Packaging Industries Division 70 Ai ort Road
70 Airport Road. NOTIC O RESPONS ITY
Hyannis, Massachusetts 02601 DOWNG DIENT PROPERTY STATUS
D CIES, M.G.L. c.21E and
MCP, 3 0 CMR 40.0000
NOTICE OFABISPONSIBI=
M.G.L. c. 21E 310 CMK 40.0000
Dear Mr. Jones:
As you are aware, the Department of Environmental Protection,
Bureau of Waste Site Cleanup (the Departm nt) , approved a Class A-2
Response Action Outcome (RAO) Statement for Packaging Industries
. -Plant #1 located at 70 Airport Road in Barnstable, Massachusetts on
February 9, 1995. As stated in the Department's approval letter, the
RAO approval is limits to the boundary fo Plant 01 depicted in the
letter report titled "Barnstable WSC/SA 4-1 80, Packaging Industries,
Inc. , Supplemental Submittal 02, RAO -Pla t ill" dated February 6,
1995, prepared by Evan T. Johnson, the L'censed Sitv •Professional
(LSP) of record for the site. In ad ition, the RAO approval
indicated that no additional remedial res onse actions are required
at the referenced property. The RAO approval also indicated that the
Department expected that remedial investigations will continue to be
conducted for Plant numbers 2 and 3 and Fresh Hole Pond in order to
achieve a permanent solution at these locations pursuant to 310 CMR
40..1000.
20 RM•rslde Drive • I&kftNls,Ma,aachu,sm cm7 • FAX(808)947 4W • T@MphmO (50) OW27M
PMIW eo aocycW Paper
Z00.'d LSS9C�b80S 'I3,1 00 / d30 bS:L0, (10 9610- If1P
. -2-
On August 29, 1995, the Department received .a report titled
"Release Notification, Remedial Action Outcome, Downgradient Property
Status (DPS) , 70 Airport Road, Hyannis, Massachusetts" (the DPS .
Report) dated August 23, 1995, prepared by Tighe & Bond Consulting
Engineers (Tighe & Bond) . According to t e DPS Report, additional
assessment activities were conducted at Plant 11 to address the
identification of tetrachloroethylene in tJLe groundwater beneath the
property. The assessment consisted of the installation of several
monitoring wells in the vicinity of the former degreaser located
along the mid-section of the mid-section , the eastern wall and the
collection of groundwater samples for a analysis of volatile
organic compounds via EPA' Test Method 260. A review of the
analytical data revealed that tetr chloroethylene, 111,1-
trichloroethane, 1,1-dichloroethane and 1,1 dichloroethylene exist in
the groundwater beneath Plant #1 at conce trations up to 9.4 ug/1,
11.0 ug/l, 2.0 ug/l, and 1.7 ug/l, respectively. Tetrachloroethylene
exceeds the 5.0 ug/1 reportable concentration for groundwater
category GW-1 specified in 310 CMR 40.1600 of the MCP.
Based on the information contained in the bps Report, the
Department determined that a release of oil and/or hazardous material
occurred pursuant to 310 CMR 40.0300 of a revised Massachusetts
Contingency Plan (the "MCP") effective Octo r 1, 1993 which impacted
the groundwater beneath Plant 01. The D partment also determined
that additional response actions are r quired to address this
release. The Department has therefore assigned this release, Release
Tracking Number 4-11988 .
The Massachusetts oil and Hazardous Material Release Prevention
and Response Act, M.G.L. c.21E, and the MCP 310 CMR 40.0000, require
the performance of response actions to prevent harm to health,
safety, public welfare and the environment which may result from this
release and govern the conduct of such actions. The purpose of this
Notice is to inform you of your legal res onsibi.lities under State
law 'for assessing and/or remedi.ati.ng t e release at the above
referenced property. For purposes of this otice of Responsibility,
the terms and phrases used herein shall ha a the meaning ascribed to
such terms and phrases by the MCP unl ss the context clearly
indicates otherwise.
The Department has reason to believe at the release described
in the DPS Report is or may be a disposal site as defined by the MCP.
The Department also has reason to believe at you (as used in this
letter, "you" and "your" refers to "Senti el Products Corporation,
Packaging Industries Division") are a Pote tially Responsible Party
(a "PRP") with liability under M.G.L. c.21 S5, for response action
costs. . This liability is "strict", meanin that it is not based on
fault, but solely on your status as own r, operator, generator,
transporter, disposer or other person spec fied in M.G.L. c.21E S5.
This liability is also "Joint and several" meaning that you may be
liable for all response action costs incurred -at a disposal site
regardless of the existence of any other liable parties.
£00.'d L939LV6809:131 HIS / d30 99:0- ( d) 96 ,LO- 'Nnf
The Department encourages parties wit liabilities under M.G.L.
c. 21E to take prompt and appropriate actio s in response to releases
and threats of release of oil and/or hazar ous materials. By taking
prompt action, you may significantly 1 vier your assessment and
cleanup costs and/or avoid liability for osts incurred by the
Department in taking such actions. You may also avoid the imposition
of, the amount of or reduce certain permit, and/or annual compliance
assurance fees payable under 310 CMR 4 .00. Please refer to M.G.L.
c.21E for a complete description of potential liability. For your
convenience, a summary of liability underH.G.L. c.21E is attached to
this Notice.
You should be aware that you may bave claims against third
parties for damages, including claims for contribution or
reimbursement for the costs of cleanup. Such claims do not exist
indefinitely but are governed by laws which establish the time
allowed for bringing litigation. The DepaLrtzent encourages you to
take any action necessary to protect any such claims you may have
against third parties.
ACTIONS REQUIRED
Additional submittals are necessary f r the releases notified to
the Department pursuant to 310 CMR 40.0300. These submittals include
but are not be limited to, the filing of a completed Release
Notification Form, a written Immediate Re ponse Action (IRA) Plan,
IRA Completion Statement and/or an RAO Statement. The XCP requires
that a fee of $750.00 be submitted to the Department Then an RAO
Statement is filed greater than 120 days from the date of initial
notification. Specific approval is required from the Department for
the implementation of all IRAs and Release Kbatement Measures (RAMS) .
Assessment activities consisting of the construction of a fence
and/or the posting of signs are actions that are exempt from this
approval requirement.
You must employ or engage a Licen ed Site Professional to
manage, supervise or actually perform the ecessary response actions
at this site. You may obtain a list of a names and addresses of
these licensed professionals from the oard of Registration of
Hazardous Waste Site Cleanup Professionals at (617) 556-1145.
Unless otherwise provided by the Department, Potentially
Responsible Parties ("PRP's") have one yea17 from the initial date of
notification to the Department of a releas or threat of a release,
pursuant to 310 CMR 40.0300, or from the dite the Department issues
a Notice of Responsibility, whichever occurs earlier, to file with
the Department one of the following submit als: (1) a completed Tier
Classification Submittal; (2) a RAO Stateme t or, if applicable, (3)
a Downgradient Property Status. If required by the MCP, a completed
Tier Y Permit Application must also accomp ny a Tier Classification
Submittal.
i
fi00 'd L9990-6809:131 OUS / d30 93:L0- 00 96 10- VP
'4-
On August 29, 1995, a Downgradient Property Status (DPS)
Submittal was submitted to the Department for Plant 01. According to
the DPS Submittal, the Licensed Site Profe sional (LSP) of record for
this site, Mr. Evan T. Johnson, provided az opinion that the presence
of tetrachloroethylene in the groundwater beneath Plant 01 resulted
from an upgradient source. In order for the Downgradient Property
Status to become effective. documentation must be provided to the
Department pursuant to 310 CMR 40.0180 to demonstrate that the source
of tetrachloroethylene contamination is located upgradient of the
property and has come _to be located at Plant 01 via groundwater
migration.
Based on the information contained in a DPS Submittal, gauging
data collected between 1989 and 1991 durin the period the Mary Dunn
Wellfield was in use and the pumping activities at the Maher
wellfield were terminated was used to .e tablish groundwater flow
direction. During that period groundwat r flow was determined to
flow northeast. However, subsequent r ports submitted to the
Department indicate that groundwater flow direction agrees with the
southeasterly regional groundwater flow di ection. In order for the
Department to accept the DPS Submittal fo Plant 11, documentation
(i.e. , groundwater modeling data, etc. ) which demonstrates the
groundwater flow direction under various pumping scenarios must be
submitted to the Department. The Depar ent will re-evaluate the
Downgradient Property Status submittal for Plant 01 upon review and
receipt of this information.
Please be advised that this site shall not be deemed to have had
all the necessary and required response ctions taken unless all
substantial hazards presented by the releas and/or threat of release
have been eliminated and a level of No Sign ficant Risk exists or has
been achieved in compliance with M.G.L. 0.2 E and the MCP. Please be
further advised that additional submittals must be submitted to the
Department (i.e. , an RAO Statement, Tier Classification Submittal)
Pursuant to 310 CMR 40.0000 if the documentation requested herein is
not provided to support the Downgradient Property Status Submittal.
In addition, response actions must also be conducted at the site in
order to achieve a permanent solution pursuant to 310 CMR 40.1000.
The Department requests a written res onse be submitted to the
Department within seven (7) days of receipt of this Not1ce indicating
whether or not you intend to take the actions specified herein.
i
900 'd L9990*6803: 131 00 / d30 99 L0 (10 96 10- V?
_5_
Should you have questions regarding this Notice, please contact
Laura Stanley at the letterhead address or at (508) 946-2880. The
Department appreciates your anticipated cooperation in this matter.
Very truly ours,
Gerard M. . Martin, Acting Chief
Site Management and Permit Section
M\LAS\re
CERTIFIED MAIL NO. P 606 844 546
RETURN RECEIPT REQUESTED
Attachments: Release Notification Farm; BWSC-103 and Instructions
Summary of Liability under M.G.L. c. 21E
cc: Barnstable Board of Health
P.O. Box 534
Hyannis, Massachusetts 02601
ATTN: Tom McKearn, Hazardous Waste Coordinator ..
Town of Barnstable
367 Main Street
Hyannis, Massachusetts 02601
ATTN:. Warren Rutherford, Town Manager
Barnstable Water Company
47 Old Yarmouth Road
Hyannis, Massachusetts 02601
.ATTN: George Wadsworth, President
Barnstable Municipal Airport
Boardman-Polando Field
480 Barnstable Road, 2nd floor
Hyannis, Massachusetts 02601
ATTN: Benjamin C.-Jones, Airport Manager
Tighe & Bond Consulting Engineers
Westfield Executive Park
53 Southampton Road
Westfield, Massachusetts 01085-5308
ATTN: Evan T. Johnson, LSP
Davis Towing
50 Airport Road
Hyannis, Massachusetts 02'601
ATTN: Kevin Davis
w
900A L599LV-6809:131 00 / d39 LS L0 (10 96 10- 'Nn?
. I
cc: Candle corporation of America
999 Bast Touhy Avenue; Suite 450
Des Plaines, Illinois 60018
ATTN: Howard Rose, Sr. , Vice -President
Independence Park, Incorporated
P.O. Box 1776
Hyannis, Massachusetts 02601
ATTN: L. Paul Lorusso, President ,
DEP -6 SERO
ATTN: Andrea Papadopoulos, Deputy Regional Director
Jonathan Hobill, Acting Region l .Engineer
Richard Packard, Chief, Emergency Response Section
DE? - SERO
ATTN: Data Entry
L 0 0 A LS3906809:131 OUS / d90 L3:0- 0096 10- VP
BMWARY OF LIABILITY UNDER CRAFTER Z lE
As stated in the Notice of Responsi ility accompanying this
summary, the . Department has reason to believe that you are a
Potentially Responsible Party ("PRP") with lotential liability under
M.G.L. C. 21E, section 50 for response act on costs and damages to
natural resources caused by the release a d/or threat of release.
The Department has identified you as a PRP because it believes you
fall within one or more of the following categories of persons made
potentially liable by subsection 5(a) :
• any current owner or operator of a s to from or at which
there is or has been a release or threat of release of oil
and/or hazardous material;
• any person who owned or operated a site at the time
hazardous material was stored or disposed of;
• any person who arranged for the transport, disposal,
storage or treatment of hazardous material to or at a site;
• any person who transported hazardous material to a
transport, disposal, storage or treatment site from which
there is or has been a release or threat of release of such
material; and
• any person who otherwise caused or is legally
responsible for a release or threat of release of oil or
hazardous material at 'a site.
For purposes of the MCP, you are consi Bred a Responsible party
("RP") with actual liability under Chapter 2 E if you fall within one
of these categories unless you (1) are ent tled to a defense under
section 5 or other applicable law, and (2) ave reasonably incurred
cleanup costs in an amount equal to or gre ter than any applicable
cap on liability under subsection 5 (d) .
This liability is "strict, " meaning it is not based on fault,
but solely on your status as . an owner , operator, generator,
transporter or disposer. It is also joint end several, meaning that
each person who falls within one of these categories may be held
liable for all response action costs incurre at the site, regardless
of the existence of any other liable parties.
Section 5 provides a few narrowly drawn defenses to liability,
including a defense for releases and damages caused by an act of God,
an act of war or an act by a third party other than an employee,
agent or person with whom the party has a contractual relationship
[see subsection 5(c) ] ; a defense for certain owners of residential
property at which the owner maintains a permanent residence [see
subsection 5(h) ] ; and a defense for certain public utilities and
agencies of the Commonwealth which own a right-of-way that is a site
[see subsection 5(j) ] .
800 'd L599LV6809:131 00 I d9O LS:LO- Ad) 96 ,LO- 'NnP
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You may voluntarily undertake respons actions under the MCP
without having your liability under Chapter 21E formally adjudicated
by the Department. If you do not take the necessary response
actions, or fail to perform them in an appropriate and timely manner,
the Department is authorized by chapter 21E to. perform the necessary
work.
By taking the necessary response actions, you can avoid
liability for response action costs incurred by the Department in
performing these actions. If you are an RP and you fail to perform
necessary response actions at the site, you may be held liable for up.
to three (3) times all response action costs incurred by the
Department and sanctions may be imposed on you for failure to perform
response actions required by the MCP.
Response action costs include, without limitation, the cost of
direct hours spent by Department employees arranging for response
actions or overseeing work performed by persons other than the
Department or its contractors, expenses incurred by the Department in
support of those direct hours, and payme is to the Department's
contractors (for more detail on cost liability, see 310 CMR 40.1200:
Cost Recovery) . The Department may also assess interest on costs
incurred at the rate of twelve percent (12%) , compounded annually.
Any liability to the Commonwealth under chapter 21E constitutes
a debt to the Commonwealth. To secure payment of this debt, the
Department may place liens on all of your property in the
Commonwealth under M.G.L. c. 21E, section 13. To recover this debt,
the Commonwealth may foreclose on these lien or the Attorney General
may bring legal action against you.
In addition to your potential liability for response action
costs and damages to natural resources caused by the release, civil
and criminal liability may also be imposed by a court of competent
jurisdiction under M.G.L. c. 21E, S. ction 11, and civil
administrative penalties may be assessed y the Department under
M.G.L. c. 21A, section 16, far each .violatio of Chapter 21E, the MCP
or any order, permit or approval issued thereunder.
If you are an RP and you have reason to believe that your
performance of the necessary response actions is beyond your
technical, financial or legal ability, you should promptly notify the
Department in writing of your inability in accordance with Chapter
21E, subsection 5 (e) , and 310 Clot 40. 0172. If you assert and
demonstrate in compliance therewith that erforming or paying for
such response action is beyond your ability, subsection 5 (e) provides
you with a limited defense to an action by the Commonwealth for
recovery of two to three times the Department's response action costs
and 310 CMR 40. 0172 provides you with a limited defense to the
Department's assessment of civil administrative penalties.
600.'d CSS9Cb680S '19�L O��S / d9O 83:CO- (M) 96 10- MP
Commonwealth of Massachusetts
Executive Office of Environmental Affairs
Department of
Environmental Protection
' Southeast Regional Office
William F.Weld
Govemor
Trudy Coxe
o YerserO ,
g
November 21, 1994
Packaging Industries, Inc. RE: BARNSTABLE--WSC/SA-4-1080. .
70 Airport Road Packaging Industries, Inc.
Hyannis, Massachusetts 02601 80 Airport Road
Transmittal # 6241U
Major Permit Modification
ATTENTION: John Bambara
DETERMINATION OF ADMINISTRATIVE COMPLETENESS
Gentlemen•
The Department has completed its review of the Permit
Application for the above referenced site and has determined it to
be complete. This determination was made on November. 17, 1994 .
This letter serves to notify you 'that the permit application will
proceed to the Technical Review Period. *
The Department shall have 75 days from November 2, 1994, to
review the .application for its Technical merits (310 CMR 40. 0722 •
(2) (b) ] and 310 CMR 4.04 (2) (b) 2] . The Department may request
additional information during the course of the Technical Review.
This Initial Technical Review Period (T-1) , shall result in a
decision to grant or deny the permit, . a determination that the
above disposal site does not require a permit, or, a statement "of
Technical Deficiencies.
A Statement of Technical Deficiencies shall end the T-1
period. Pursuant to 310 CMR 40.721 (2) (e) and 310 CMR
4 . 04 (2) (b) 2 .c. , the applicant shall respond to the Department
within 30 days of issuance of such Statement of Deficiencies.
Pursuant to 310 CMR 4. 04 (2) (b) 1. d. and 310 CMR 40.721(5) ,
a Determination of Administrative Completeness shall not constitute
any .finding with respect to the technical suitability, adequacy or
accuracy of material provided and shall be no bar to a request. to
amend, revise, replace or supplement such materials based on
technical suitability, adequacy or accuracy.
20 Riverside Drive • Lakeville,Massachusetts 02347 9 FAX(508)947-6557 • Telephone (508) 946-2700
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Withdrawal of the permit application shall be subject' to the
provisions of 3i0 CMR 4 . 04 (3) (d) . In accordance with 310 CMR
4 . 04 (2) (e) 3 . f. and 310 CMR 0720 (3) , the applicant and the
Department .may, by written agreement, extend any schedule for
timely action or any portion thereof.
If,you have any questions, please call Mark Jablonski at .(508)
946-2819.
ytu . ° r
L
rcti
han Acting Chief .
Management & Permits
on
H/MJ/jt
Attachment: Supplemental Transmittal Form .
cc: Tighe & Bond, ,Inc.
53 Southhampton Road
Westfield, MA 01085
ATTN: Evan Johnson.
Barnstable Health Department.
Barnstable Town Hall
367 Main Street
Hyannis, MA 02601
ATTN: Thomas McKean
Town Manager's Office
Barnstable Town Hall
367 Main Street
Hyannis, MA 02601
ATTN: Warren Rutherford
DEP - SERO - BWSC
ATTN: Andrea Papadopoulos, Deputy Regional Director
Lynne Doty
DEP - SERO - Pims/Database
ATTN: , Beverly Hill
DEP - SERO Data Entry
__..._...,__ .. .. .- .. ....... .-. vim.. _... (:...... •.- •...-,c. -...:1'r'. ...:( K.- _.. ���. ...a .._
w
r'
Commonwealth of Massachusetts
Executive Office of Environmental Affairs
I N QM__
Department of
Environmental Protection
.Southeast Regional Office
William F.Weld
Governor
y C.oxe
(D-1rud
era
'Aigcomml ner December 19, 1994
Sentinel Products Corp. RE: BARNSTABLE--WSC/SA-4-1080
70 Airport Road Packaging Industries, Inc.
Hyannis, Massachusetts 02601 80 Airport Road
Transmittal # 62410
Major Permit Modification
for Plants 2 and 3
ATTENTION: John Bambara
Richard Jones "
STATEMENT OF TECHNICAL DEFICIENCIES
Gentlemen:
The Department of Environmental Protection (the "Department")
has completed its Initial Technical Review Period:(7-1-) and has
determined the permit appTication'^is technically deficient.) The
following deficiencies-are_no e --with"respe-ct to the_Packaging
Industries site encompassing Plants 1, 2 and 3 :
1. The IRA assessment conducted focused upon one
pumping scenario-predicated upon.-the-groundwater
flownet emanating towards the Maher� wellfield:� To
suggest that no evidence-of-a significa t risk
exists is premature because the limits of
contamination (horizontally and vertically) have not
been defined and the site is located within-three
(3) approved Zone II,s `Yier We1rTf ie1d�B nstable
Airpor.t�Well and Mary Dunn,Wellf ield),-.-`Tighe-&
Bond's Permit Modif-icati n Application states in `
part that " . . . the variation in the pumping scenario
_appar tly caused a sYiiftng-of-the groundwater flow,
patterns and a_shift in the migration direction of
the-the --to rd�the weast�northeast _.potentiaily
causing a sparing pfi'ntering and/or dilution of
that plume" validating the Department''s concerns:
r =- 2 . The monitoring wells installed as part of - the IRA
assessment _ may have not been screened at the
appropriate depths because no soil samples were
retrieved. The depths at which groundwater samples
were taken did not take into consideration the semi-
confining layer of silt' and/or clay which is
20 Riverside Drive • Lakeville,Massachusetts 02347 FAX(508)947-6557 a Telephone (508) 946-2700
w
-2-
believed to exist at a depth of 50-150 feet below grade.
In essence, the lateral extent of the semi-confining
layer should be defined to determine the effect this
layer is having upon the groundwater flownet. Present
justification for the monitoring wells screen location
and not identifying this semi-confining layer or provide
geologic cross-sections delineating this layer.
3 . Impacts to Fresh Hole P no d) have not been fully explored.
An--environmental-assessment can not be based upon one
surface water and one sediment sample. Earlier site
assessments determined that the shallow groundwater
aquifer flows to the north .towards Fresh Hole Pond. All
sources that could potentially impact Fresh Hole Pond
must be evaluated for the environmental risk assessment.
4. drains and[�Perovidei-do—c-um-6ntafi-oh-that-al:l-floo—r
lls have been decommissioned= acceding_to>
Underground Inj ction Control Regulations-(310 CMR�
27...00)�. 'A11 past and current surface—water
discharges to Fresh Hole Pond and all wastewater
discharges should be identified.
5. An environmental assessment of the leaching fields
must be conducted to determine if these areas were
'or are the source of ongoing releases.
6. Inaccuracies were noted in the NRS score contained
in Appendix A which are as follows:
a. Section I-Disposal Site Information: UTM
coordinates cited do not reflect the accurate
location of the site;
b. Section II-Exposure Pathways: No score for
evidence of contamination was noted for Fresh
Hole Pond for sediment, surface rater and air:
Zport-states that there-was-ev=ident-ly-a
release of freon in the past, most-likely--�
through the on-site septic system-and
potentially, through the-storm_and floor`drains
into Fresh-Hole Pond and potentially-through
direct discharge of freon into_the�pond). Pond
sediment samples taken February 17;`1994
indicate VOC contamination (2-butanone,
methylene chloride, tetracloroethene, toluene,
and 1, 1;1 tricloroethane) In addtio
CDepartment-perso nel observed -the Barnstable
CFire'Department utilizing Fresh Hole_Pond as-a7
water source-to-test Leir pumps Theref r,
surface water should potentially be identified
as an exposure pathway;
-3-
c. Section III.C-Data should be provided
justifying .the OHM Mobility and Persistence
Factors for Freon 12 :
d. Section IV.C-Water Use:Persons served by Public
Drinking Water Supply was left blank. -
According to the Division of Water Supply, the
population served by these three wellfields is
34, 000;
e. Section V.A-Environmental Resource Areas:
Documentation should be provided for not
scoring endangered species habitat and
protected open space;
7. - If Monitoring Well #1 is considered the upgradient
well for the site and previous sampling rounds have
indicated no VOC contamination in the groundwater,
explain why upgradient,_sour ces are being considered
as_contamination for rpercloroethene (PCE) -and
tricloroethene (T(fE)J where these organic solvents
were utilized--at-"Plant #1.
Pursuant to 310 CMR 40. 0722, the applicant shall respond
within 30 days from the date of issuance of a Statement of
Technical Deficiency by submitting additional material to support
. the application.
An applicant has the option of proceeding on the record, as it .
stands (in accordance with 310 CMR 40. 0722, and 310 CMR 4. 04) at
the time, by notifying the Department in writing within 30 days of
issuance of the Statement of Technical Deficiencies. An applicant
so electing to proceed on the record may not, in any manner, amend,
revise, replace, or supplement the application or supporting
material.
If the applicant fails . to respond to the Statement of
Technical Deficiencies within 30 days, the application shall be
reviewed on the record. Upon receipt of a response 'to the
deficiencies or the applicant's notice to proceed on the record or
in the event of failure by the applicant to respond, the Department
shall have 45 days, subject to adjustment in schedule pursuant to
310 CMR 4. 04, to perform a Supplemental Technical Review Period (T-
2) .
Withdrawal of the permit application shall be subject to the
provisions of 310 CMR 4 . 04 (3) . In accordance with 310 CMR 4 . 04 (2)
and 310 CMR 40.0720 (3) , the applicant and the Department may, by
written agreement, extend any schedule for timely action or any
portion thereof.
-4-
Please provide a response, addressing the above deficiencies,
within 30 days of the date of this statement. Representatives of
the Department are available to meet with you to discuss .the above-
referenced deficiencies.
If you have any questions, please call Mark Jablonski at (508)'
946-2819.
y lltru ours,
l_
than bill, Acting Chief
ite Management & Permits
ection
H/MJ/jt
CERTIFIED MAIL #Z235 539 930
RETURN RECEIPT REQUESTED
Attachment: Supplemental Transmittal Form `
., cc: Tighe & Bond, Inca
53 Southhampton Road
Westfield, MA 01085
ATTN: Evan Johnson
Barnstable Health Department
Barnstable Town Hall
P.O. Box 534
367 Main' Street
Hyannis, MA 02601
ATTN: Brian R. Grady, R.S. , Chairman
Town Manager's .Off ice
Barnstable Town Hall
367 Main Street
Hyannis, MA 02601
ATTN: Warren Rutherford
DEP - SERO - BWSC
ATTN: Andrea Papadopoulos, Deputy Regional Director
Lynne Doty
DEP - SERO - Pims/Database
ATTN: Beverly Hill
DEP - SERO - BWSC .
ATTN: Data Entry
w
Commonwealth of Massachusetts
Executive Office of Environmental Affairs
Department of
Environmental Protection
' Southeast Regional Office
William F.Weld
Goaromw
Trudy Coxe
secmwy,EOEA
Thomas B.Powers
AcUns Commlalow o May.. 4, 1994
F)y
Independence Park, nc. RE: BARNSTABLE--WSC/SA-4-1080
P.O. Box 1776 Former Packaging Industries
Hyannis, Massachusetts 02601 Group, Inc. , Plants 2&3,
Airport Road
TRANSITION STATEMENT/
NOTICE OF RESPONSIBILITY
M.G.L. , Ch. 21E and
310 CMR 40.0000
Gentlemen:
The Massachusetts Department of Environmental Protection (DEP)
has redesigned the Waste Site Cleanup Program. The revised
Massachusetts Contingency Plan ("MCP") and related fee regulations
(310 CMR 4.00) became effective on October 1, 1993 . The new MCP
(310 CMR 40. 0000) includes specific requirements for sites which
had been classified as "priority disposal sites" under the 1988
version of the MCP in order for them to make the transition into
the redesigned program. (See enclosed Transition Fact Sheet #5
for more information. )
This letter is being sent to you regarding the above-
referenced site .which was previously classified as a priority
disposal site" and listed as such on DEP's August 1993 Transition
List of Confirmed Disposal Sites and Locations to Be Investigated,
or Addendum thereto. Independence Park, Inc. , has been previously
identified as a "Potential Responsible Party" (PRP) for. the above-
referenced site with liability under MGL c.21E §5 in a letter dated
May 3, 1991. The Department has reason to believe that you (as
used in this letter, "you" refers to Independence Park, Inc. ) are
a Potentially Responsible Party ("PRP") with liability under M.G.L.
c. 21E, § 5, for response action costs. Section 5 makes the
following parties liable to the Commonwealth of Massachusetts:
current owners or operators of a site from or at which there is or
has been a release or threat of release of oil and/or hazardous
material; any person who owned or . operated a site at the time
hazardous material was stored or disposed of; any person who
arranged for the transport, disposal, storage or treatment of
hazardous material to or at a site; any person who transported
hazardous material to a transport, disposal, storage or treatment
site from which there is or has been a release .or threat of release
20 Riverside Drive • Lakeville,Massachusetts 02347 • FAX(508)947-6557 • Telephone (508) 946-2700
-2-
of such material, and any person who otherwise caused or is legally
responsible for a release or threat of release of oil or hazardous
material at a site.
This liability is "strict, " meaning it, is not based on fault,
but solely on your status as an owner, operator, generator,
transporter or disposer. It is also joint and several, meaning
that you may be liable for all response action costs incurred at
the site, regardless of the existence of any other liable parties.
The MCP requires responsible parties to take necessary
response actions at properties where there is or has been a release
and/or threat of release of oil and/or hazardous material. If you
do not take the necessary response actions, or fail to perform them
in an appropriate and timely manner, the Department is authorized
by M.G.L. c. 21E to perform the work. By taking such actions, you
can avoid liability for response . action costs incurred by the
Department in performing these actions and any sanctions which may
be imposed for failure to perform response actions under the MCP.
You may be liable for up to three (3) times all response
action costs incurred by the Department. Response action costs
include, without limitation, the cost of direct hours spent by
Department employees arranging for response actions or overseeing
work performed by persons other than the Department or its
contractors, expenses incurred by the Department in support of
those direct hours, and payments to the Department's contractors.
(For more detail on cost liability, see 310 CMR 40. 1200: Cost
Recovery. )
The Department may also assess interest on costs incurred at
the rate of twelve percent (12%) , compounded annually. To secure
payment of this debt, the Commonwealth may place liens on all of
your property in the Commonwealth. To recover the debt,, the
Commonwealth may foreclose on these liens or the Attorney General
may bring legal action against you.
In addition to your liability for up to three (3) times all
response action costs incurred by the Department, you may also be
liable to the Commonwealth for damages to natural resources caused
by the release. Civil and criminal liability may also be imposed
under M.G.-L. c. 21E, § 11, and civil administrative penalties may
be imposed under M.G.L. c. 21A, § 16, for each violation of M.G.L.
c. 21E, the MCP or any order, permit or approval issued thereunder.
NECESSARY ACTIONS
Please be advised that the Department has determined that
Comprehensive Response Actions are necessary at the Site to address
the release of volatile organic compounds (VOCs) . Therefore, you
are required to submit a Phase II Scope of Work in accordance with
;
-3-
40.0834 of the new MCP for review and approval prior. to
implementation. In addition, you shall continually assess and
evaluate release and site conditions in order to determine if an
Immediate Response Action (IRA) is required.
TRANSITION CLASSIFICATION
Under the new MCP,. sites will be classified as either Tier I
or Tier II. All Tier I sites require permits to proceed with
assessment and remediation. Sites classified as Tier IA will be.
managed by a Licensed Site Professional (LSP) under the
Department's direct oversight. Tier IB and IC sites will be
managed by LSPs and will not receive direct oversight by DEP, but
will be subject to DEP audit.
The Transition regulations of the new MCP (310 CMR 40.0640) ,
categorically classify all sites which had been listed as. "priority
disposal sites" as Tier IA sites. Therefore, the above-referenced
site is Tier IA.
TRANSITION PERMIT STATEMENT
The new MCP does not require submittal of a new permit-
application for priority disposal sites. Instead, DEP will issue
a "Transition Classification and Permit Statement" (Transition
Statement) to those with potential liability under MGL c.21E §5
which describes the site's classification and the terms of the
transition permit. This Statement, if signed and dated by the PRP,
or other person performing the response actions, becomes a valid
Tier I permit for the site effective upon its receipt by the
Department.
The Transition Statement for the above-referenced site is
attached for your review and action. According to 310 CMR
40.0640(3) , you must return the Transition Statement to DEP within
120 -days of your receipt of this letter indicating whether you (1)
accept the terms of the Transition Statement, (2) disagree with
DEP's classification of the site, or (3) do not accept the terms of
the Transition Statement. These options are as follows:
(1) Accept Transition Statement: To accept the terms of the
Transition Statement., . please sign and date both copies of. the
Statement at Paragraph 111" and return one signed copy to this
office within 120 days. Keep the other copy for your records.
(Please also send a photo copy of one of the signed Transition
Statements to the Chief Municipal Official and Chairman of the
Board of Health. ) Annual Compliance Fees for Tier IA will be
assessed starting October 1, 1993 . The Tier IA Transition
Permit is effective upon the Department's receipt of the
signed and dated Transition Statement (310 CMR
40. 0640 (3) (b) 1.a] .
-4-
(2) Disagree with Transition Statement: If you do not agree
with the Department's determination that this site should be
classified as Tier IA because, in the Opinion of an LSP, the
site - should be reclassified as a IB, IC, or Tier II site,
please sign and date both copies of the Statement at Paragraph
112" and return one signed copy to this office within 120
days. Keep the other signed copy for your records. (Please
also send a photocopy of one of the signed Transition
Statements to the Chief Municipal Official and Chairman of the
Board of Health. ) In order -to change the site's permit
category and in order to continues response actions at the
subject site, you must obtain a Major Permit Modification from
DEP. To do so, you must submit a "Major Permit Modification"
application (310 CMR 40. 0707) , which includes an LSP Tier
Classification Opinion, and fee of $1200. This application
will then be processed according to the provisions of 310 CM
40. 0700. The appropriate Annual Compliance Fee will be
determined pending the outcome of the permit modification.
If you wish to conduct assessment activities (such as the
sampling of existing monitoring wells, the sampling of
surficial soils, and the monitoring of vapors inside
buildings) within 120 days in an effort to document a lower
Tier Classification for the purposes of filing a Major Permit
Modification with DEP, you may do so. However, "intrusive"
assessment activities (subsurface investigations involving
test pits, new monitoring wells, and soil borings, etc. ) ,
will require prior DEP approval, unless they are being done as
part of a response action which already has DEP approval.
(3) Do Not Accept Transition Statement: If you do not accept
this Transition Statement, you must sign and date both copies
of the Statement at Paragraph 113-A" or 113-B" and return one
signed copy to this "office within 120 days. Keep the other
signed copy for your records. (Please also send a photocopy of
one of the signed Transition 'Statements to the Chief Municipal
Official and Chairman of the Board .of Health. ) You must also
indicate whether or not you intend to conduct any response
actions which were approved by DEP prior to October 1, 1993.
If you do not intend to conduct such response actions, you
must include an explanation- pursuant to 310 CMR 40. 0171 and
40.0172 . If you do intend to conduct these response actions,
you must include a schedule for completing them.
Whether or not you intend to complete work previously
approved, you must submit a Status Report to this office
within 120 days. The Status Report should include an LSP
Opinion as to whether a Temporary or Permanent Solution has
been or will be achieved at the site. If a Temporary or
Permanent Solution has not been achieved, then the Status
,r=
-5-
Report should also include an outline of the response actions
necessary to do so (310 CMR 40. 0640(3) (b) 3] .
Please note that if this site is adjacent to another disposal
site where response actions are being conducted, it may be
necessary to coordinate your response actions with ' those being
undertaken on the adjacent site. All persons authorized to conduct
response actions under a Tier I permit must comply at all times
with MGL c. 21E, 310 CM 40.0000, permit terms- and conditions and
any other applicable federal, state., and local .law. Failure to
comply with .all applicable requirements shall be cause for the
Department to ' initiate enforcement action, including, without
limitation, permit suspension and revocation.
If the enclosed Transition Statement is not returned to the
Department within 120 days of its receipt, or if the Statement
indicates that you do not accept the Transition Permit under
paragraph (3) above, the Annual Compliance Fee for Tier IB sites
2 ($2,600.) will be assessed, beginning on the ' day after such
Transition Statement is due (310 CMR 40.0640(4) ] . In addition, DEP
may commence appropriate enforcement actions to ensure that the
required response actions for the above-referenced site are
initiated and completed in a timely manner.
Please note that should there be more than one PRP performing
response actions at the above-referenced site, all must sign the
Transition Statement and are encouraged to designate a Primary
Representative. .
We recognize that there may be difficulties and confusion
during the transition of existing sites from the old MCP to the new
MCP. The new MCP, however, offers many incentives and
opportunities for streamlined, timely, and efficient cleanups. It
is our intent to provide you , with as smooth a transition as
possible.
The Department encourages you to arrange to meet with
Department personnel in order to further discuss this matter.
Should you have any questions about this letter or the Transition
Statement, please contact Maria Pinaud at (508) 946-2869 or at the
above address.
Very truly yours,
Gregg t, Acting Regional
Engineer for Waste Site Cleanup
H/MP/rr
-6-
Attachments: Transition Classification and
Permit Statement (2 copies')
Fact sheet on LSPs
Transition Fact sheet #5
310 CMR 40. 0730
CERTIFIED MAIL #PO11 216 179
RETURN RECEIPT REQUESTED
cc: Town of Barnstable
Town Hall
Hyannis, MA 02601
ATTN: Warren. Rutherford, Town Manager
Hazardous Waste Coordinator
P.O. Box 534
Hyannis, Massachusetts 02601
ATTN: Tom McKean
PI, Inc.
70 Airport .Road
Hyannis, MA 02601
ATTN: Richard Jones
DEP - SERO
ATTN: George Crombie
Andrea Papadopoulos
DEP - SERO - Data Entry
r
1
i
1
i
Commonwealth of Massachusetts
' Executive Office of Environmental Affairs
Department of
Environmental Protection
' Southeast Regional Office
William F.Weld
Gommor
Trudy Coxe
secrotM,EOEA
Thomas B. Powers
"`u"9 Commissioner May 4, 1994
PI, Inc. RE: BARNSTABLE--WSC/SA-4-1080
70 Airport Road Former Packaging
Hyannis, Massachusetts 02601 Industries Group, Inc.
Plants 2 & 3, Airport Road
ATTENTION: Mr. Richard Jones TRANSITION STATEMENT/
NOTICE OF RESPONSIBILITY
M.G.L. , Ch. 21E and
310 CMR 40.0000
Gentlemen:
The Massachusetts Department of Environmental Protection (DEP)
has redesigned the Waste Site Cleanup Program. The revised Massa-
chusetts Contingency Plan ("MCP") and related fee regulations (310
CMR 4.00) became effective on October 1, 1993 . The new MCP (310
CMR 40. 0000) includes specific requirements for sites which had
been classified as "priority disposal sites" under the 1988 version
of the MCP in order for them to make the transition into the
redesigned program. (See enclosed Transition Fact Sheet #5 for
more information. )
This letter is being sent to you regarding the above-
referenced site which was previously classified as a "priority
disposal site" and listed as such on DEP's August 1993 Transition
List of Confirmed Disposal Sites and Locations to Be Investigated,
or Addendum thereto. PI, Inc. , formerly Packaging Industries
Group, Inc. , has been previously identified as a Potential
Responsible Party" (PRP) for the above-referenced site with
liability under MGL c.21E §5 in a letter dated May 3; 1991- The
Department has reason to believe that you (as used in this letter,
"you" refers to PI, Inc. ) are a Potentially Responsible Party
("PRP"Y with liability under M.G.L. c. 21E, • § 5, for response
action costs. Section 5 makes the following parties liable to the
Commonwealth of Massachusetts: current owners or operators of a
site from or at which there is or has been a release .or threat of
release of oil and/or hazardous material; any person who owned or
operated a site at the time hazardous material was stored or
disposed of; any person who arranged for the transport, disposal,
storage -or treatment of hazardous material to or at a site; any
person who transported hazardous material to a transport, disposal,
storage -or treatment site from which there is or has been a release
or threat of release of such material; and any person who otherwise
caused or is legally responsible for a release or threat of release
of oil or hazardous material at a site.
20 Riverside Drive 9 Lakeville,Massachusetts 02347 a FAX(508)947-6557 • Telephone (508) 946-2700
-2- T
i This liability is "strict, " meaning it is not based on fault,
but solely on your status as an owner, operator, generator,
transporter or disposer. It is also joint and several, meaning
that you may be liable for all response action costs incurred at
the site, regardless of the existence of any other liable parties.
The MCP requires responsible parties to take necessary
response actions at properties where there is or has been a release
and/or threat of release of oil and/or hazardous material. If you
do not take the necessary response actions, or fail to perform them
in an appropriate and timely manner, the Department is authorized
by M.G.L. c. 21E to perform the work. By taking such actions, you
can .avoid liability for response action costs incurred by the
Department in performing these actions and any sanctions which may
be imposed for failure to perform response actions under the MCP:
You may be liable for up to three (3) times all response
action costs incurred by the Department. Response action costs
include, without limitation, the cost of direct hours spent by
Department employees arranging for response actions or overseeing
work performed by persons . other than the Department or its
contractors, expenses incurred by the Department in support of
those direct hours, and payments to the Department's contractors.
(For more detail on cost liability, see 310 CMR 40. 1200: Cost
Recovery. )
The Department may also assess interest on costs incurred at
the rate of twelve percent (12%) , compounded annually. To secure
payment of this debt, the Commonwealth may place liens on all of
your property in the Commonwealth. To recover the debt, the
Commonwealth may foreclose on these liens or ' the Attorney General
may bring legal action against you.
In addition to your liability for up to three (3) times all
response action costs incurred by the Department, you may also be
liable to the Commonwealth for damages to natural resources caused-
by the release. Civil and criminal liability may also be imposed
under M.G.L. c. 21E, § 11, and civil administrative penalties may
be imposed under M.G.L. c. 21A, § 16, for each violation of M.G.L.
c. 21E, the MCP or any order, permit or approval issued thereunder.
NECESSARY ACTIONS
Please be advised that the Department has determined that
Comprehensive Response Actions are necessary at the Site to address
the release of volatile organic compounds (VOCs) . Therefore, you
are required to submit a Phase II Scope of Work in accordance,with
40. 0834 of the new MCP for review and approval prior to
implementation. In addition, you shall continually assess and
evaluate release and site conditions in order to determine if an
immediate Response Action (IRA) is required.
I
-3-
I
TRANSITION CLASSIFICATION .
Under the new MCP, sites will be classified as either Tier I
or Tier II. All Tier I * sites require permits to proceed with
assessment and remediation. Sites classified as Tier IA will be
managed by a Licensed Site Professional (LSP) under the
Department's direct oversight. Tier IB and IC sites will be
managed by LSPs and will not receive direct oversight by DEP, but
will be subject to DEP audit.
The Transition regulations of' the new MCP (310 CMR 40.0640) ,
categorically classify all sites which had been listed as "priority
disposal sites" as Tier IA sites. Therefore, the above-referenced
site is Tier IA.
TRANSITION PERMIT STATEMENT
The new MCP does not require submittal of a new permit
application for priority disposal sites. Instead, DEP will issue
a "Transition Classification and Permit Statement". (Transition
Statement) to those with potential liability under MGL c.21E §5
which describes the, site's classification and the terms of the
transition permit. This Statement, if signed and dated by the PRP,
or other person performing the response actions becomes a valid
i Tier I permit for the site effective upon its receipt by the
'Department.
The Transition Statement for the above-referenced site is
attached for your review and action. According to 310 CMR
40. 0640(3) , you must return the Transition Statement to DEP within
120 days of your receipt of this letter indicating whether you (1)
accept the terms of the Transition Statement, (2) disagree with
DEP's classification of the site, or (3) do not accept the terms of
the Transition Statement. These options are as follows:
(1) Accept Transition Statement: To accept the terms of the
Transition Statement, please sign and date both copies of the
Statement at Paragraph "1" and return one signed copy to this
office within 120 days. Keep the other copy for your records.
(Please also send a photo copy of one of the signed Transition
Statements to the Chief Municipal Official and Chairman of the
Board of Health. ) Annual Compliance Fees for Tier IA will be
assessed starting October 1, 1993 . The Tier IA Transition
Permit .is effective upon the Department's receipt of the
signed and dated Transition Statement [310 CMR
40. 0640(3) (b) 1.a] .
(2) Disagree with Transition Statement: If you do not agree
with the Department's determination that this site should be
classified as Tier IA because, in the Opinion of an LSP, the
site should be reclassified as a IB, IC, or Tier II site,
please sign and date both copies of the Statement at Paragraph
-4-
"2" and return one signed copy to this office within 120
days. Keep the other signed copy for your records. (Please
also send a photocopy of one of the signed Transition
Statements to the Chief Municipal Official and Chairman of the
Board of Health. ) In order to change the site's', permit
category and in order to continues response actions at the
subject site, you must obtain a_Major Permit Modification from
DEP. To do so, you must submit a "Major Permit Modification"
application (310 CMR 40. 0707) , which includes an LSP Tier
Classification Opinion, and fee of $1200. This application
will then be processed according to the provisions of 310 CM
40.0700. The appropriate Annual Compliance Fee will be
determined pending the outcome of the permit modification.
If you wish to . conduct assessment activities (such as the
sampling of existing monitoring wells, the sampling of
surficial soils,. and the monitoring of vapors inside
buildings) within 120 days in an effort to document a lower
Tier Classification for the purposes of filing a Major Permit
Modification with DEP, you may do so. However, "intrusive"
assessment activities (subsurface investigations involving
test pits, new monitoring wells, and soil borings, etc. ) ,
will require prior DEP approval, unless they are being done as
part of a response action which already has DEP approval.
(3) Do Not Accept Transition Statement: If you do not accept
this Transition Statement, you must sign and date both copies
of the Statement at Paragraph 113-A" or 113-B" and return one
signed copy to this office within 120 days. Keep the other
signed copy for your records. (Please also send a photocopy of
one of the signed Transition Statements to the Chief Municipal
Official and Chairman of the Board of Health. ) You must also
indicate whether or not you intend to conduct any response
actions which were approved by DEP prior to October 1, 1993.
If you do not intend to conduct such response actions, you
must include an explanation pursuant to 310 CMR 40.0171 and
40. 0172. If you do intend to conduct these response actions,
you must include a schedule for completing them.
Whether or not you intend to complete work previously
approved, you must submit a Status Report to this office
within 120 days. The Status Report should include an LSP
Opinion as to whether a Temporary or Permanent Solution has
been or will be achieved at the site. If a Temporary or
Permanent Solution has not been achieved, then the Status
Report should also include an outline of the response actions
necessary to do so (310 CMR 40.0640 (3) (b) 3) .
Please note that if this site is adjacent to another disposal
site where response actions are being conducted, it may be
necessary to coordinate your response actions with those being
undertaken on the adjacent site. All persons authorized to conduct
t
5-
response actions under a Tier I permit must comply at all times
with MGL c. 21E, 310 CM 40.0000, permit terms and conditions and
any other applicable federal, state, and local law. Failure to
comply with all applicable requirements shall be cause `for the
Department to initiate enforcement action; including, without
limitation, permit suspension and revocation.
If the enclosed Transition Statement is not returned to the
Department within 120 days of its receipt, or if the Statement
indicates that you do not accept the Transition Permit under
paragraph (3) above, the Annual Compliance Fee for Tier IB sites
($2, 600) will be assessed, beginning on the day after such
Transition Statement is due (31b CMR 40. 0640 (4) ] . In addition, DEP
may commence appropriate enforcement actions to ensure that the
required response actions for the above-referenced , site are
initiated and completed in a timely manner.
Please note that should there be more than one PRP performing
response actions at the above-referenced site,. all must sign the
Transition Statement and are encouraged to designate a Primary
Representative.
We recognize that there may be difficulties and confusion
during the transition of existing sites from the old MCP to the new
MCP. The new MCP, however, offers many incentives and
opportunities for streamlined, timely, and efficient cleanups. It
is our intent to provide you with as smooth a transition as
possible.
The Department encourages you to arrange to meet with
Department personnel in order to further discuss this matter.
Should you' have any questions about this letter or the Transition
Statement, please contact Maria Pinaud at (508) 946-2869 or at the
above address.
Sincerely,
jP-6
Gregg Hunt, Acting Regional
Engineer for Waste Site Cleanup
H/MP/rr
Attachments: Transition Classification
and Permit Statement (2 copies)
Fact sheet on LSPs
Transition Fact sheet #5
310 CMR 40. 0730
CERTIFIED MAIL #P011 216 180
RETURN RECEIPT REQUESTED
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cc.: Town' of Barnstable
Town Hall
Hyannis, MA 02601
ATTN: Warren Rutherford, Town Manager
Hazardous Waste Coordinator
P.O. Box 534 .
i Hyannis, MA 02601
i ATTN: Tom McKean
Independence Park, Inc.
Box 1776
Hyannis, MA 02601
ATTN: L. Paul Lorusso
DEP - SERO
ATTN: George Crombie
Andrea Papadopoulos
DEP - SERO - Data Entry
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Commonweafth of Massachusetts
Executive Office of Environmental Affairs
.Department of
Environmental Protection
' Southeast Regional Office
William F.Weld
Governor
Trudy Coxe
Secretary,EOEA
Thomas 8. Powers
Acting Commissioner
Foycber 12, 1994
Packaging Industries, Inc. RE: ' BARNSTABLE--WSC/SA-4-1080
70 Airport Road Packaging Industries, Inc.
Hyannis, Massachusetts 02601 80 Airport Road
Transmittal. # 62410
Maior Permit Modification.
ATTENTION: John Bambara
STATEMENT OF ADMINISTRATIVE DEFICIENCIES
Gentlemen:
The Department of Environmental Protection, Division of Waste Site Cleanup
(the "Department) has completed the Initial Administrative Completeness Review
(AC-1) of an application for a Major Permit Modification to downgrade from Tier
IA to Tier IC and has determined the permit application to be administratively
deficient as follows:
1. The major Permit Modification Form (BWSC 10) , Section E providing '
the applicant's compliance history of the Packaging Industry site
was not provided as required by 310 CMR 40.0703(9) (b) ;
2. Tighe & Bond, Inca letter, dated September 14, 1994 refers to a Tier
Classification Submittal Transmittal Form (BWSC-014) . This form was
not included in the application package;
3. An LSP Tier Classification Opinion justifying the sites downgrade to
Tier IC is required in accordance with 310 CMR 40.0510(3) .
Not withstanding the provision of 310 CMR 40.0722 (2) (g) , pursuant to 310
CMR 40.0721(2) , the applicant shall respond, within 15 days of the date of.
issuance of the statement of Administrative Deficiencies,' by submitting the
requested additional material to support the application.
Failure by. the applicant to respond within the 15 days time period shall
be deemed a withdrawal of the application provided that in such circumstances the
applicant shall not be entitled to any refund of the Permit Application Fee,
notwithstanding the provisions of 310 CMR 4.04(3) .
Pursuant to 310 CMR 40.0721(3) , upon receipt of. the material submitted by
the applicant in response to the AC=1 Statement of Deficiencies, 'the Department
shall conduct a second administrative completeness review (AC-2) within 30 days.
The Department may request additional information during the course of the AC-2
period.
The AC-2 shall result in a Determination of Administrative Completeness or
a Denial of the permit application.
20 Riverside Drive • Lakeville,Massachusetts 02347 9 FAX(508)947-6557 • Telephone (508) 946-2700
-2-
In accordance with 310 CMR 4.04 and_ 310 CMR 40.0720(3) , the applicant and
the Department may, by written agreement, extend any schedule for timely action
or any portion thereof. Not withstanding the provision of 310 CMR 40.0722 (2)
(g) , withdrawal of the permit application shall be subject. to the provisions of
310 CMR 4.04 (3) .
If, you have any .questions, please call Mark Jablonski at (508) 946-2819.
v tlr, ly..
J an E. Hob 11, Acting Chief
a Management '& Permits Section
H/MJ/rr
Attachment:,- Supplemental Transmittal Form
cc: Tighe & Bond, Inc.
53 Southhampton Road
Westfield, MA 01085
ATTN: Evan Johnson
Barnstable Health Department
Barnstable Town Hall
367 Main Street
Barnstable, MA 02601
ATTN: Thomas McKean
Town Manager's office
Barnstable Town Hall
367 Main Street -
Barnstable, MA 02601
ATTN: Warren Rutherford
DEP-SERO-BWSC
ATTN: Lynn Doty
DEP-SERO-Pims/Database
ATTN: Beverly Hill
DEP-SERO-Data Entry
CERTIFIED MAIL #P337 626 758
RETURN RECEIPT REQUESTED
Jyr.
Commonwealth.of Massachusetts
Executive Office of Environmental Affairs
Department of
Environmental Protection
Southeast Regional Office
William F. Weld
Governor
Daniel S.Greenbaum
Commissioner
October 14, 1993
Mr .Edward Rossi ' RE: BARNSTABLE---BWP
PI, Inc. Packaging Industries Inc.
70 Airport Road Plant #5 Perserverance Way
Hyannis; Massachusetts 02601 Hyannis, MA 02601
Record Review
310 CMR 30.000
Site ID# MAD985266451
Status: SQG
Dear Mr. Rossi:
The Department of Environmental Protection has received a
written response, dated August 9, 1993, from your company located
at 70 Airport Road, Hyannis, Massachusetts relative to violations
of the Hazardous Waste Regulations cited in. the Department's Notice
of Noncompliance (NON) dated June 22, 1992 .
The Department has determined, upon review of the information
submitted in the above-referenced written response, that the
violations relative to the Hazardous Waste Regulations cited -in the
NON have been corrected.
Should you have any questions relative to Hazardous Waste
management at your company, please contact Angela Antonelli-Miller
at (508) 946-2827.
Very truly yours,
Gerald !a'/MonCte,*
Chie _
RCRA Section
M/AAM/re _
cc: DEP-BWP
ATTN: Compliance
20 Riverside Drive 9 Lakeville,Massachusetts 02347 9 FAX(508)947-6557 9 Telephone (508) 946-2700
^r '
cc: Hazardous Waste Coordinator
Board of Health
Town Hall
Hyannis, MA 02601
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Commonwealth of Massachusetts C
Executive Office of Environmental Affairs \
Department of
Environmental Protection
' Southeast Regional Office (�J
William F. Welds'\
Governor
Daniel S.Greenbaum
Commfsa or �J
June 22, 1992
Packaging Industries, Inc. RE: BARNSTABLE-Hazardous Waste
Airport Road Plant #5 Perseverance Way
Hyannis, Massachusetts 02601 Site ID# MAD 985266451
Status: SQG
NON-SE-92-2033
ATTENTION: Carl Bolton
NOTICE OF NONCOMPLIANCE
THIS IS AN IMPORTANT NOTICE. FAILURE TO TAKE ADEQUATE ACTION IN RESPONSE
TO THIS NOTICE COULD RESULT IN SERIOUS LEGAL CONSEQUENCES.
Department personnel have observed that on June 11, 1992, activity
occurred at Packaging Industries Inc. , Perseverance Way, Hyannis,
Massachusetts, in noncompliance with one or more laws, regulations, orders,
licenses, permits or approvals enforced by the Department.
The purpose of this inspection was to determine the status of your
facility relative to compliance with the Massachusetts Hazardous Waste
Regulations as contained in 310 CMR 30. 000 which were adopted under the
provisions of Section 4 , 6 and 9 of Chapter 21C of the Massachusetts
General Laws as applicable.
Attached hereto is a written description of: 1. each activity
referred to above, 2 . the requirements violated, 3 . the action the
Department now wants you to take, and 4. the deadline for taking such
action.
If you fail to take any action the Department now wants you to take by
the prescribed deadline, or if you otherwise fail to remain in compliance
in the future with requirements applicable to you, you could be subject to
legal action, including but not limited to, criminal prosecution, court
\, F
CEIVED
'2 4 1992
EALTH DEPT.
7W OF Bffi ABLE
Lakeville Hospital • Route 105 • Lakeville,Massachusetts 02347 • FAX(508)947-6557 • Telephone(508)946-2700
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imposed civil penalties or civil administrative penalties assessed for
every day from now on that you are in noncompliance with the requirements
referred to above.
Very truly yours,
Gerald A. Monte, Chie
RCRA Section
M/EJ/cb
CERTIFIED MAIL NO. P 808 783 032
RETURN -RECEIPT REQUESTED
cc: DEP-BWP
ATTN: Compliance
Board of Health
Hazardous Waste Coordinator
Town Hall
Hyannis, MA 02601
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NOTICE OF NONCOMPLIANCE
NONCOMPLIANCE SUMMARY
NAME OF ENTITY IN NONCOMPLIANCE: Packaging Industries, Inc.
LOCATION WHERE NONCOMPLIANCE OCCURREb OR WAS OBSERVED: Perseverance Way,
Hyannis, Massachusetts
DATE WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED: June 11, 1992
DESCRIPTION OF NONCOMPLIANCE, REQUIREMENTS NOT COMPLIED WITH, ACTION TO BE
TAKEN AND THE DEADLINE FOR TAKING SUCH ACTION:
1. The status of your company is that of a small quantity
generator (SQG) of hazardous waste and waste oil. Be
advised, that as an SQG, once you have accumulated 100
kg or approximately 25 gallons of hazardous waste on
site, you must ship said waste off-site under manifest
within one hundred eighty (180) days of the date of
accumulation. The inspection revealed your company is
no longer generating hazardous waste or waste oil.
However, three (3) drums and several five gallon
containers of waste oil and a drum of waste Safety
Kleen solvent have remained on-site for greater than
one hundred eighty (180) days in violation of 310 CMR
30. 253 (5) (b) and 30.351(6) which prescribes the above
requirement. Therefore, the Department requires that
you contract with a Massachusetts licensed hazardous
waste transporter to have all of the above-referenced
waste shipped off-site, under manifest, within thirty
(30) days upon receipt of this Notice and thereafter
remain in compliance with said regulations.
2 . Two drums of waste oil were accumulating in the compressor
area which were not covered in violation of 310 CMR
30. 253 (5) (b) , 30. 351(8) (a) , 30.340(1) (a) (1) (c) and 30. 685 (1)
which states in relevant part that each drum of hazardous
waste shall be closed whenever waste is not being added or
removed. Therefore, the Department requires that
immediately upon receipt of this Notice and thereafter, all
containers shall be closed in accordance with the above-
referenced regulations.
3 . All but one of the drums and containers of waste oil and
hazardous waste referenced in (1) above were not properly labeled
or marked with the date of accumulation in violation of 310 CMR
30.253 (5) (b) , 30.351(8) (a)• and 30.340(1) (b) which states in
relevant part that each drum and container of hazardous waste
shall be marked with the words "Hazardous Waste" or "Waste Oil" ,
the name of the waste, the hazard associated with the waste and
the date of accumulation. Therefore, the Department requires that
immediately upon receipt of this Notice and thereafter, all drums
and containers of hazardous waste and waste oil shall be labeled
in accordance with the above-referenced regulations.
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4 . The company is accumulating a drum of unknown waste,
without first having determined if said waste is a
hazardous waste in violation of 310 CMR 30. 302 which
prescribes this requirement. Therefore, the Department
requires that within thirty (30) days upon receipt of
this Notice, the company shall have determined if the
above-referenced waste is hazardous, using the process
outlined in said regulation. If said waste is
determined to be hazardous, you are required to
contract with a Massachusetts licensed hazardous waste
transporter for its removal off-site under manifest.
Thereafter, you shall remain in compliance with this
regulation.
In addition, the Department requires a written response within fifteen
(15) days of receipt of this Notice, addressing each of the items above and
indicating the actions taken in order to achieve and maintain compliance
with the regulations.
Should you have any questions relative to hazardous waste management
at your company please contact Mr. Eric Johnson of this office at (508)
946-2817.
a
DATE: ' BY:
Gerald A. Monte, Chief
RCRA Section
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�' q��� ��
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'�l~ Commonweafth of Massachusetts
Executive Office of Environmental Affairs
Department of
Environmental Protection
Southeast Regional Office
Wllilam F.Weld Trudy Coxe
Governor seem"
Aryeo Paul Celluod `�, David B.Sbuhs
U Ooveffw cornrnla er
March 19, 1996
Mr. L. Paul Lorusso, President RE: BARNSTABLE--WSC/SMP-4-1080
Independence Park, Incorporated Packaging Industries
Post Office Box 1776 Plant Numbers 2 and 3
Hyannis, Massachusetts 02601 80-96 Airport Road
NOTICE OF NONCOMPLIANCE
Permit #82603
NON-SE-96-3P-013
NOTICE OF NONCOMPLIANCE
M.G.L. c. 21E, 110 CMR 40.0000
This is an Important Notice. Failure to Respond to This Notice
Could Result in; Serious Legal Consequences.
Dear 'Mr. Lorusso:
The Department of Environmental Protection, Bureau of Waste
Site Cleanup (the Department) , records indicate that response
actions at the above-referenced site are not in compliance with one
or more laws, regulations, orders, licenses, permits, or approvals
enforced by the Department.
Attached hereto is a written description of: (1) each
activity referred to above, (2) the requirements violated, (3) the
action the Department now wants you to take, and (4) the deadline
for taking such action.
If you fail to come into compliance by the.-.. 'prescribed
deadline(s) , or if you otherwise fail to comply in the future with
requirements applicable to you, you could be subject to legal
action.
The Department is authorized to take any one or more of the
following actions against you for failure to comply with the
requirements imposed by M.G.L. c. 21E and the Massachusetts
Contingency Plan, 310 CMR 40.0000:
20 RivereMe Drive • Lakeville Massachuseft02347 • FAX(SOB)947�857 • Telephone (508) 946-2700
Printed on Recycled Paper
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Imposition of double the amount of permit fees otherwise
owed;
Assessments of up to three (3) times the amount of all .
response action costs incurred by the Department, plus
sanctions for failure to perform response actions under
the MCP;
Assessment of interest on costs incurred at the rate of
twelve percent (12%) , compounded annually;
Assessments for damage to natural resources;
Placement of inns on all property located in the
Commonwealth, with authority to foreclose;
Initiation of civil judicial action brought by the
Attorney General; and/or
Initiation of criminal action prosecuted by the Attorney
General.
In addition to the above list of prospective legal actions,
the Department may assess a civil administrative penalty for every
day from now on that you remain out of compliance with the
requirements described in this Notice of Noncompliance.
If performance of the necessary response actions is beyond
your technical, financial or legal ability, you should promptly
notify the Department in writing of your inability in accordance
with Chapter 21E, subsection 5(e) , and 310 CMR 40.0172. An
adequate demonstration of technical, legal, or financial inability
could provide you with a limited defense to an action by the
Commonwealth for recovery of two to three times the Department's
response action costs, as well as a limited defense to the
Department's assessment of civil administrative penalties.
Questions regarding this matter should be directed to Laura
Stanley at the letterhead address or at (508) 946-2880.
Very truly yours,
Gerard M.R. Martin, Acting Chief
Site Management and Permit Section
M/LAS/cb
CERTIFIED MAIL NO. P 606 861 562
RETURN RECEIPT REQUESTED
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Attachment - Notice of Noncompliance
cc: Town of Barnstable
Town Hall
367 Main Street
Hyannis, Massachusetts 02601
ATTN: Warren Rutherford, Town Manager
Hazardous Waste Coordinator
P.O. Box 534
Hyannis, Massachusetts 02601
ATTN: Tom McKearn
Packad4--g industries, Ircorporatnd
70 Airport Road
Hyannis, Massachusetts 02601
ATTN: Richard Jones
Barnstable Municipal Airport
Boardman-Polando Field
480 Barnstable Road, 2nd Floor
Hyannis, Massachusetts 02601
ATTN: Ben Jones, Airport Manager
DEP-BWSC-SERO
ATTN: Andrea Papadopoulos, Deputy Regional Director
Jonathan Hobill, Acting Regional Engineer, BWSC
Mark Jablonski, Site Management and Permit Section.
Regional Enforcement Office
Data Entry
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NONCOMPLIANCE SUMMARY
NON-SE-96-3P-013
NAME OF ENTITIES IN -NONCOMPLIANCE:
Independence Park, Incorporated
P.O. Box 1776
Hyannis, Massachusetts 02601
LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED:
Site # WSC/SMP-4-1080
Permit # 82603
Former Packaging- Industries Group, Inc. ,
Plant Numbers 2 end 3
80-96 Airport Road
Hyannis, Massachusetts 02601
DATE WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED:
September 8, 1994
DESCRIPTION OF NONCOMPLIANCE AND OF THE REQUIREMENTS NOT COMPLIED
WITH:
On May 4, 1994, the Department issued to Independence Park,
Incorporated, a Transition Classification and Permit Statement '
(the Permit Statement) for the above-referenced location. The
Permit Statement was received by Independence Park, Incorporated
on May 12, 1994. Pursuant to 310 CMR 40.0640, Independence
Park, Incorporated had 120 days from receipt thereof, to sign
and return the Permit Statement. The 120 day deadline expired
on September 8, 1994. To date, the Department has not received
the signed Permit Statement from Independence Park,
Incorporated. Therefore, Independence Park, Incorporated has
failed to submit a signed Permit Statement to the Department
pursuant to 310 CMR 40.0640.
ACTIONS TO BE TAKEN,, AND THE DEADLINE FOR TARING SUCH ACTION:
On or before April 30, 1996, submit a completed and signed
Permit Statement to the Department.
For the Department of Environmental Protection:
Date: Name:
3/21� Gerard M.R. artin, Acting Chief
Site Management and Permit Section
Certified Mail Number: P 606 861 562
Return Receipt Requested
- Tighe&Bond
Consulting Engineers
'neers
Environmental Specialists
H-756-1-29
September 14, 1994
Health Division
Town of Barnstable
Town Hall
367 Main Street
Hyannis, MA 02061
Attention: Thomas McKean, Director Health
RE: Major Permit Modification
Notification of Publication
P.I., Inc.
Dear Mr. McKean:
The attached Legal Notice for the above referenced property will be published in the
September 19, 1994 issue of the Cape Cod Times. We are.providing notification of this
publication in accordance with 310 CMR 40.0703(8)(a)(2) (the Massachusetts
Contingency Plan).
Very truly yours,
7g & BOND C
Evan T. Johnson, P.E., LSP
Project Manager
jAw423\noGce
Attachment
CC: Town Manager
Public Repository, Public Library
Westfield Executive Park 53 Southampton Road Westfield,MA 01085-5308 Tel. 413-5621600 Fax.413-562-5317
Original printed on recycled paper.
NOTICE OF AN APPLICATION FOR
A MAJOR PERMIT MODIFICATION
P.I.,•INC.
80 AIRPORT ROAD
HYANNIS, MASSACHUSETTS
RELEASE TRACKING NUMBER 1-1080
Pursuant to the Massachusetts Contingency Plan (310 CMR 40.0703), an application
for a Major Permit Modification is being submitted to the Department of Environ-
mental Protection (DEP) for the above referenced site on September 16, 1994. The
application proposes the following modifications and rationale:
• Reclassification from Tier IA to Tier IC based upon numerical ranking
score.
Anyone interested in reviewing the Major Permit Modification application should
notify DEP by writing to DEP, Bureau of Waste Site Cleanup, Permit Section at 20
Riverside Drive, Lakeville, MA 02347 by October 6, 1994. If anyone notifies DEP
of his or her interest in reviewing or submitting comment on the application, DEP
will conduct a public comment review period of twenty (20) days which shall run
concurrently with DEP's Initial Technical Review of the application. Anyone who
fails to notify DEP in writing of his/her interest in commenting on the application
by the above date may be deemed to have waived his/her rights, if any, to appear
DEP's permit decision or to intervene in an adjudicatory proceeding with respect to
this application, pursuant to 310 CMR 40.0770(2).
M.G.L. c. 21E and the Massachusetts Contingency Plan provide additional
opportunities for public notice of and involvement in decisions regarding response
actions at disposal sites: 1) The Chief Municipal Official and Board of Health of
the community in which the site is located will be notified of major milestones and
events,'.pursuant to 310 CMR 40.1403; and 2) Upon receipt of a petition from ten or
more residents of the municipality in which the disposal site is located, or of a
municipality potentially affected by a disposal site, a plan for involving the public in
decisions regarding response actions at the site will be prepared and implemented,
pursuant to 310 CMR 40.1405.
To obtain more information on this disposal site and the opportunities for public
involvement during its remediation, please contact:
Evan Johnson, LSP
Tighe & Bond, Inc.
53 Southampton Road
Westfield, MA 01085
413-562-1600
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Commonwealth of Massachusetts
Executive Office of Environmental Affairs
Department of
Environmental Protection
Southeast Regional Office
William F.Weld Trudy Coxe
Governor seerday
Argeo Paul Cellued David B.Struhs
LL Governor commlealoner
URGENT LEGAL MATTER: PROMPT ACTION NECESSARY
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
D
March 19, 1996
Mr. ,Richard Jones RE: BARNSTABLE--WSC/SMP/RTN-4-11988
Sentinel Products Corporation Packaging Industries, Plant #1
Packaging Industries Division 70 Airport Road
70 Airport Road NOTICE OF RESPONSIBILITY/
Hyannis, Massachusetts 02601 DOWNGRADIENT PROPERTY STATUS
DEFICIENCIES, M.G.L. c.21E and
MCP, 310 CMR 40.0000
NOTICE OF RESPONSIBILITY
M.G.L. c. 21E, 310 CMR 40.0000
Dear Mr. Jones:
As you are aware, the Department of Environmental Protection,
Bureau of Waste Site Cleanup (the Department) , approved a Class A-2
Response Action Outcome (RAO) Statement for Packaging Industries
Plant #1 located at 70 Airport Road in Barnstable, Massachusetts on
February 9, 1995. As stated in the Department's approval letter, the
RAO approval is limited to the boundary for Plant #1 depicted in the
letter report titled "Barnstable WSC/SA 4-1080, Packaging Industries,
Inc. , Supplemental Submittal 12, RAO Plant #1" dated February 6,
1995, prepared by Evan T. Johnson, the Licensed Site 'Professional
(LSP) of record for the site. In addition, the RAO approval
indicated that no additional remedial response actions are required
at the referenced property. The RAO approval also indicated that the
Department expected that remedial investigations will continue to be
conducted for Plant numbers 2 and 3 and Fresh Hole Pond in order to
achieve a permanent solution at these locations pursuant to 310 CMR
40.1000.
20 Riverside Drive • Lakeville,Massachusetts 02347 • FAX(308)947-6557 • Telephone (506) 940.2700
Printed on Recycled Paper
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On August 29, 1995, the Department received a report titled
"Release Notification, Remedial Action Outcome, Downgradient Property
Status (DPS) , 70 Airport Road, Hyannis, Massachusetts" (the DPS
Report) dated August 23, 1995, prepared by Tighe & Bond Consulting
Engineers (Tighe & Bond) . According to the DPS Report, additional
assessment activities were conducted at Plant ,#1 to address the
identification of tetrachloroethylene in the groundwater beneath the
property. The assessment consisted of the installation of several
monitoring wells in the vicinity of the former degreaser located
along the mid-section of the mid-section of the eastern wall and the
collection of groundwater samples for the analysis of volatile
organic compounds via EPA Test Method 8260. A review of the
analytical data revealed that tetrachloroethylene, 1,1, 1-
trichloroethane, 1,1-dichloroethane and 1,1-dichloroethylene.exist in
the groundwater beneath Plant #1 at concentrations up to 9.4 ug/l,
11.0 ug/l, 2.0 ug/l, and 1.7 ug/l, respectively. Tetrachloroethylene
exceeds the 5.0 ug/l reportable concentration for groundwater
category GW-1 specified in 310 CMR 40.1600 of the MCP.
Based on the. information contained in the DPS Report, the
Department determined that a release of oil and/or hazardous material
occurred pursuant to 310 CMR 40.0300 of the revised Massachusetts
Contingency Plan (the "MCP") effective October 1, 1993 which impacted
the groundwater beneath Plant ,I1. The Department also determined
that additional response actions are required to address this
release. The Department has therefore assigned this release, Release
Tracking Number 4-11988.
The Massachusetts Oil and Hazardous Material Release Prevention
and Response Act, M.G.L. c.21E, and the MCP, 310 CMR 40.0000, require
the performance of. response actions to prevent harm to health,
safety, public welfare and the environment which may result from this
release and govern the conduct of such actions. The purpose of this
Notice is to inform you of your legal responsibilities under State
law 'for assessing and/or remediating the release at the above
referenced property. For purposes of this 11 otice of Responsibility,
the terms and phrases used herein shall have the meaning ascribed to
such terms and phrases by the MCP unless the context clearly
indicates otherwise.
The Department has reason to believe that the release described
in the DPS Report is or may be a disposal site as defined by the MCP.
The Department also has reason to believe that you (as used in this
letter, "you" and "your" refers to "Sentinel Products Corporation,
Packaging Industries Division") are a Potentially Responsible Party
(a "PRP") with liability under M.G.L. c.21E §5, for response action
costs. This liability is "strict", meaning that it is not based on
fault, but solely on your status as owner, operator, generator,
transporter, disposer or other person specified in M.G.L. c.21E §5.
This liability 'is also "joint and several", meaning that you may be
liable for all response action costs incurred at a disposal site
regardless of the existence of any other liable parties.
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The Department encourages parties with liabilities under M.G.L.
c.21E to take prompt and appropriate actions in response to releases
and threats of release of oil and/or hazardous materials. By taking
prompt action, you may significantly lower your assessment and
cleanup costs and/or avoid liability for costs incurred by the
Department in taking such actions. You may also avoid the imposition
of, the amount of or reduce certain permit and/or annual compliance
assurance fees payable under 310 CMR 4.00. Please refer to M.G.L.
c.21E for a complete description of potential liability. For your
convenience, a summary of liability under M.G.L. c.21E is attached to
this Notice.
You should be aware that you may have claims against third
parties for damages, including claims for contribution or
reimbursement for the costs of cleanup. Such claims do not exist
indefinitely but are governed by laws which establish the time
allowed for bringing litigation. The Department encourages you to
take any action necessary to protect any such claims you may have
against third parties.
ACTIONS REQUIRED
Additional submittals are necessary for the. releases notified to
the Department pursuant to 310 CMR 40.0300. These submittals include
but are not be limited to, the filing of a completed Release
Notification Form, a written Immediate Response Action (IRA) Plan,
IRA Completion Statement and/or an RAO Statement. The MCP requires
that a fee of $750.00 be submitted to the Department when an RAO
Statement is filed greater than 120 days from the date of initial
notification. Specific approval is required from the Department for
the implementation of all IRAs and Release Abatement Measures (RAMS) .
Assessment activities consisting of the construction of a fence
and/or the posting of signs are actions that are exempt from this
approval requirement.
You must employ ^r engage a Licensed Site Professional to
manage, supervise or actually perform the necessary response actions
at this site. You may obtain a list of the names and addresses of
these licensed professionals from the Board of Registration of
Hazardous Waste Site Cleanup Professionals at (617) 556-1145.
Unless otherwise provided by the Department, Potentially
Responsible Parties ("PRP's") have one year from the initial date of
notification to the Department of a release or threat of a release,
pursuant to 310 CMR 40.0300, or from the date the Department issues
a Notice of Responsibility, whichever occurs earlier, to file with
the Department one of the following submittals: (1) a completed Tier
Classification Submittal; (2) a RAO Statement or, if applicable, (3)
a Downgradient Property Status. If required by the MCP, a completed
Tier I Permit Application must also accompany a Tier Classification
Submittal.
II
-4-
a On August 29, 1995, a Downgradient Property Status (DPS)
Submittal was submitted to the Department for Plant #1. According to
the DPS Submittal, the Licensed Site Professional (LSP) of record for
this site, Mr. Evan T. Johnson, provided an opinion that the presence
of tetrachloroethylene in the groundwater beneath Plant #1 resulted
from an upgradient source. In order for the Downgradient Property
Status to become effective documentation must be provided to the
Department pursuant to 310 CMR 40.0180 to demonstrate that the source
of tetrachloroethylene contamination is located upgradient of the
property and has come to be located at Plant #1 via groundwater
migration.
Based on the information con'.ained in the DPS Submittal, gauging
data collected between 1989 and 1991 during the period the Mary Dunn
Wellfield was in use and the pumping activities at the Maher
Wellfield were terminated was used to establish groundwater flow
direction. During that period groundwater flow was determined to
flow northeast. However, subsequent reports submitted to the
Department indicate that groundwater flow direction agrees with the
southeasterly regional groundwater flow direction. In order for the
Department to accept the DPS Submittal for Plant 11, documentation
(i.e. , groundwater modeling data, etc. ) which demonstrates the
groundwater flow direction under various pumping scenarios must be
submitted to the Department. The Department will re-evaluate the
Downgradient Property Status Submittal for Plant #1 upon review and
receipt of this information.
Please be advised that this site shall not be deemed to have had
all the necessary and required response actions taken unless all
substantial hazards presented by the release and/or threat of release
have been eliminated and a level of No Significant Risk exists or has
been achieved in compliance with M.G..L. c.21E and the MCP. Please be
! further advised that additional submittals must be submitted to the
I Department (i.e. , an RAO Statement, Tier Classification Submittal)
pursuant to 310 CMR 40.0000 if the documentation requested herein is
not provided to support the Downgradient Property States Submittal.
In addition, response actions must also be conducted at the site in
order to achieve a permanent solution pursuant to 310 CMR 40.1000.
The Department requests a written response be submitted to the
Department within seven (7) days of receipt of this Notice indicating
whether or not you intend to take the actions specified herein.
J
-5-
Should you have .questions regarding this Notice, please contact
Laura Stanley at the letterhead address or at (508) 946-2880. The
Department appreciates your anticipated cooperation in this matter.
Very truly yours.,
Gerard M.P. Martin, Acting Chief
Site Management and Permit Section
M\LAS\re
CERTIFIED MAIL NO. P 606 844 546
RETURN RECEIPT REQUESTED
Attachments: Release Notification Form; BWSC-103 and Instructions
Summary of Liability under M.G.L. c.21E
cc: Barnstable Board of Health
P.O. Box 534
Hyannis, Massachusetts 02601
ATTN: Tom McKearn, Hazardous Waste Coordinator
Town of Barnstable
367 Main Street
Hyannis, Massachusetts 02601
ATTN: Warren Rutherford, Town Manager
Barnstable Water Company
47 Old Yarmouth Road
Hyannis, Massachusetts 02601
ATTN: George Wadsworth, President
Barnstable Municipal . Airport
Boardman-Polando Field
480 Barnstable Road, 2nd floor
Hyannis, Massachusetts 02601
ATTN: Benjamin C. Jones, Airport Manager
Tighe & Bond Consulting Engineers
Westfield Executive Park
53 Southampton Road
Westfield, Massachusetts 01085-5308
ATTN: Evan T. Johnson, LSP
Davis Towing
50 Airport Road
Hyannis, Massachusetts 02601
ATTN: Kevin Davis
i -6-
cc: Candle Corporation of America
999 East Touhy Avenue, Suite 450
Des Plaines, Illinois 60018
ATTN: Howard Rose, Sr. , Vice President
Independence Park, Incorporated
P.O. Box 1776
Hyannis, Massachusetts 02601
ATTN: L. Paul Lorusso, President
DEP - SERO
ATTN: Andrea Papadopoulos, Deputy Regional Director
Jonathan Hobill, Acting Regional Engineer
Richard Packard, Chief,,....Emergency Response Section
DEP - SERO
ATTN: Data Entry
II
t4 .
3
r
'SENTINEL PRODUCTS CORP
ROBERT F.HURLEY-
TECHNICAL,DIRECTOR--'ROLL PRODUCTS
TEL;:508-775'5220 x2335't 800-457-3234•.:FAX:508=790-3627
70 AIRPORT ROAD•HYANNIS,MA 02601 •USA
email:ybfhurley@inetmail.att.net
�r
Complaint Number: 1739 Taken.bv: UJLDQLG S_EMCES
Date: 4 21 00 Man/parcel:
Referred to: ULDJ&G
SUBJIJCT OF-COMPLAINT
Business/Occuiiant�Name: SENTINEL
Number 70 Street: 1AIRPORT RD.
Village: S
COMPLAINT INFORMAXON
Complainant's Name::, CITI%EN
Address:
Telephone Number:
Complaint Description: STRONG ODOR--USING PRODUCTS
THAT ARE UNHEALTHY
Actions Taken/Results: REFTO B.O.H.
I
Date Closed: ,,,, IF
i
B
Baye r ®AE R MATERIAL SAFETY DATA SH R
BAYER CORPORATION
PRODUCT SAFETY &..REGULATORY AFFAIRS
100 Bayer Road
Pittsburgh, PA 15205-9741
TRANSPORTATION EMERGENCY NON-TRANSPORTATION
CALL CHEMTREC: 800-424-9300 BAYER EMERGENCY PHONE. . . : (412) 923-1800
INTERNATIONAL: 703-527-3887 BAYER INFORMATION PHONE. : (800) 662-2927
-------------------------------------------------------------------------------
1. CHEMICAL PRODUCT IDENTIFICATION:
PRODUCT NAME. . . . . . . . : Porofor ADC/F-C2
PRODUCT CODE. . . . . . . . : L249
CHEMICAL FAMILY. . . . . : Azo/Azoxy Compound
CHEMICAL NAME. . . . . . . : Azodicarbonamide Mixture
SYNONYMS.,. . . . . . . . . . . : Diazenedicarboxamide
PRODUCT USE. . . . . . . . . : Blowing agents '
-------------------------------------------------------------------------------
2. COMPOSITION/INFORMATION ON INGREDIENTS:
-------------------------------------------------------------------------------
INGREDIENT NAME
/CAS NUMBER EXPOSURE LIMITS CONCENTRATION (%)
------------------------------------------ -----------------------------------
r ,
---------------------------------------=-
'`'` HAZARDOUS INGREDIENTS 'r
--------------- -------------------------
Azodicarbonamide (ADC)
123-77-3 OSHA Not Established Greater than 99 %
ACGIH: 3.00 mg/m3 TWA -Respirable Part.*
10.00 mg/m3 TWA -Inhalable Part.*
Exposure limits are for Particulates Not Otherwise Classified (PNOC)
----=------------------------------------
•• OTHER INGREDIENTS
-----------------------------------------
The following potentially hazardous component is contained at levels below the
OSHA disclosure requirements and in provided here for infomational purposes
only.
Mineral oil
64742-65-0 OSHA : 5.00 mg/m3 TWA -` Oil mist Less than 1
ACGIH: 5.00 mg/mY TWA- Oil mist
- 10.00 mg/m3 STEL - Oil mist
Product Code: L249 MSDS Page .l
Approval date: 07/30/1999 Continued on next page
i
-------------------------------------------------------------------------------
3. HAZARDS .IDENTIFICATION:
-------------------------------------------------------------------------------
EMERGENCY OVERVIEW
WARNING! Flammable; Color: Yellow; Form: Solid; Oil
coated powder; Odor: Nearly odorless; May.cause mechanical
irritation to the eyes,, skin and respiratory tract; May
cause respiratory tract irritation; May cause allergic
respiratory reaction; May cause eye irritation; Dust or J`
J' fumes may be a fire and explosion hazard when exposed to
high temperature or ignition; Ground containers and
equipment before transferring to avoid static sparks; Use
cold water spray to cool fire-exposed containers to minimize
the risk of rupture; Closed container may explode under
extreme heat.
POTENTIAL HEALTH EFFECTS:
ROUTE(S) OF ENTRY. . . . . . . . . . . . . . . . . . : Skin Contact; Eye Contact; Inhalation
HUMAN EFFECTS AND SYMPTOMS OF OVEREXPOSURE:
ACUTE INHALATION. . . . . . . . . . . . . . : Inhalation of product dust may cause irritation
with symptoms of coughing, sneezing, and difficult in breathing. May
g Y g Y
cause respiratory sensitization with symptoms that are asthmatic-like and
include coughing, choking sensation, and shortness of breath.
CHRONIC INHALATION. . . . . . . . . . . . : Repeated or prolonged inhalation may cause
respiratory sensitization. Symptoms are similar to those seen in acute
inhalation.
ACUTE SKIN CONTACT. . . . . . . . . . . . : Based on animal toxicity testing, we expect
this product to be non-irritating to the skin.
ACUTE EYE CONTACT. . . . .. . . . . . . . : Based on animal toxicity testing, we expect
this product to be slightly irritating to the eyes -with symptoms of
.watering, reddening, and discomfort.
ACUTE INGESTION. . . . . . . . . . . . . . . : Based on animal toxicity testing,. we expect
this product to be essentially non-toxic by ingestion'.
CARCINOGENICITY. . . . . . . . . . . . . . . : This product is not listed by NTP, IARC or
regulated as a carcinogen by OSHA.
MEDICAL CONDITIONS
AGGRAVATED BY EXPOSURE. . . . . . : Persons with preexisting eye conditions or
impaired pulmonary function may be more susceptible to the effects of this
product.
Product Code: L249 MSDS Page 2
Approval date: 07/30/1999 Continued on next page
--------------- ---------------------------------------------------------------
4. FIRST AID MEASURES:
FIRST AID FOR EYES. . . . . . : Flush eyes with plenty of lukewarm water. Get.
medical attention if irritation develops or persists.
FIRST AID FOR SKIN. . . . . . : Wash affected areas with soap and water.
FIRST AID FOR INHALATION: Remove to fresh air. If breathing is difficult, give
oxygen. If not breathing, give artificial respiration. Get medical
attention.
FIRST AID FOR INGESTION. : Get medical attention.
-----------------------------------7-------------------------------------------
5. FIRE FIGHTING MEASURES:
-------------------------------------------------------------------------------
FLASH POINT. . . . . . . No flash point up to 392 F (200 C) .
FLAMMABLE LIMITS:
UPPER EXPLOSIVE LIMIT (UEL) (%) : Not' Es.tablished
LOWER EXPLOSIVE LIMIT (LEL) (%) : Not Established
AUTO-IGNITION TEMPERATURE. . . . . . . : Not Established
EXTINGUISHING MEDIA. . . . . . . . . . . . . : Water
SPECIAL FIRE FIGHTING PROCEDURES: Full emergency equipment with self-contained
breathing apparatus should be worn by firefighters. If inadvertent heating
results .in decomposition and smoke production, spray immediately and
thoroughly with water. Foam and dry chemical extinguishing equipment are
usually ineffective.
UNUSUAL FIRE / EXPLOSION HAZARDS: When highly concentrated in air, the thermal
decomposition products are flammable and present an explosion hazard.
Unobstructed exhaust of smoke and mist is essential. Take precautions
against static discharges.
-------------------------------------------------------------------------------
6. ACCIDENTAL RELEASE MEASURES:
-------------------------------------------------------------------------------
SPILL OR LEAK PROCEDURES. . . . . . . . . . : Remove all sources of ignition. Utilize
protective clothing and equipment. Spills should be taken up carefully by
mechanical means and placed in clean, labelled plastic drums only. Do not
allow material to enter into sewer or drains. Do not close container
tightly. Avoid generation of dust. Spill area can be washed with water:
Collect wash water for approved disposal.
Product Code: L249 MSDS Page 3
Approval date: 07/30/1999 Continued on next page
i -------------------------------------------------------------------------------
7. HANDLING AND STORAGE:
-------------------------------------------------------------------------------
STORAGE TEMPERATURE(MIN/MAX) : Ambient / 122 F (50 C)
SHELF LIFE. . . . . . . . . . . . . . . . . . . Not Established
SPECIAL SENSITIVITY. . . . . . . . ..: Risk of explosion if heated under confinement;
heat; sunlight
HANDLING/STORAGE PRECAUTIONS: Avoid breathing dusts. Avoid excessive heat. Do
not store above 122 F (50 C) . Keep away from direct sunlight, heat,
sparks, flames and acids. May form explosive smoke/air mixtures if
inadvertently heated or incorrectly stored. Decomposes violently in
contact with acids. Avoid friction or rough handling because of fire
hazard. Quantities not required for immediate use should be stored in
original containers in a separate cool room. Static charges can accumulate-
during shipping, unloading, pouring or conveying. To avoid fire or
explosion ground and bond container and receiving equipment (and ground
personnel) before transferring material.
-------------------------------------------------------------------------------
8. PERSONAL PROTECTION:
---------------------=---------------------------------------------------------
EYE PROTECTION REQUIREMENTS. . . . . . . . : Splash-proof or dust-resistant safety
goggles.
SKIN PROTECTION REQUIREMENTS. . . . . . . : Protective clothing as appropriate to
prevent skin contact.
HAND PROTECTION REQUIREMENTS. . .. . . . : Rubber gloves.
VENTILATION REQUIREMENTS. . . . . . . . . . .. : Local exhaust as needed to control
airborne concentrations of ammonia and carbon monoxide which are generated
during normal use of this product. . (Typically less than 50 ppm of each.)
RESPIRATOR REQUIREMENTS. . . . ... . . . . . . : Ambient concentrations in the work area
should be monitored and if the recommended exposure limit is exceeded, a
NIOSH/MSHA approved dust respirator should be worn.
ADDITIONAL PROTECTIVE MEASURES. . . . . : Emergency showers and eye wash stations
should be available. Employees should wash their hands and face before
eating, drinking, or using tobacco products. Educate and train employees
on the safe use and. handling of the product.
-------------------------------------------------------------------------------
9. PHYSICAL AND CHEMICAL PROPERTIES:
--------------------------17
FORM. . . . . . Solid
APPEARANCE. . . . . . . . . . . Oil coated powder
COLOR. . . . . . . . . . . . . . . . . . . . . . Yellow
ODOR. . . . . . . . . . . . . . . . . . . . . . . Nearly odorless
ODOR THRESHOLD. . . . . . . . . . . . : Not established
pH Neutral (in aqueous suspension)
Product Code: L249 MSDS Page 4
Approval date: 07/30/1999 Continued on next page
9. PHYSICAL AND CHEMICAL PROPERTIES (Continued)
-------------------------------------------------
BOILING POINT. . . . . . . . . . . . . : Not applicable
MELTING/FREEZING POINT. . . . : Decomposes at 410 F (210 C)
SOLUBILITY IN WATER . . . . . . : Below 35 mg/l at 68 F (20 C)
SOLUBILITY (NON AQUEOUS) . . : Dimethyl formamide
SPECIFIC GRAVITY Approx. 1.6
'BULK DENSITY. . . . . . . . . . . . . . : Not established
VOLATILE BY VOLUME. . . . . . : Negligible
VAPOR PRESSURE Not applicable
-------------------------------------------------------------------------------
10. STABILITY AND REACTIVITY:
------------------------------------------------------------------------------
STABILITY. . . . . . . . . . . . . . . . . . . This is a stable material.
HAZARDOUS POLYMERIZATION. . . : Will not occur.
INCOMPATIBILITIES. . . . . . . . . . . Strong acids and bases, metal salts and oxidizers.
INSTABILITY CONDITIONS. . . . . : This product has a Self Accelerating Decomposition
Temperature (SADT) above 167 F (75 C) . If heated above 194 F (90 C) ,
exothermic decomposition may occur.
DECOMPOSITION TEMPERATURE. . : Begins at approx. 194 F (90 C)
DECOMPOSITION PRODUCTS. . . . . : Fumes of ammonia, oxides of nitrogen and carbon.
-------------------------------------------------------------------------------
11. TOXICOLOGICAL INFORMATION:
-------------------------------------------------------------------------------
TOXICITY DATA FOR: Azodicarbonamide
ACUTE TOXICITY
ORAL LD50. . . . . ... . . . : Greater than 2000 mg/kg (Rat) . (1) .
DERMAL LD50. . . . . . . . : Greater than 2000 mg/kg (Rat) . (1)
EYE EFFECTS.. . . . . . : : Slightly irritating to rabbit eyes. (1)
SKIN EFFECTS. . . . . . ..: Non-irritating to rabbit skin. (1)
1 - Tests conducted at the Institute of Toxicology, Bayer AG.
------------------- ------------------------------------------------------------
12. ECOLOGICAL INFORMATION:
-----------------------------=-------------------------------------------------
ECOLOGY DATA FOR: Azodicarbonamide
AQUATIC TOXICITY. . . . . . . . . . . : LC50: 10-100 mg/1 (Daphnia) (1)
_ Product Code: L249 MSDS Page 5
Approval date: 07/30/1999 Continued on next page
-------------------------------------------------------------------------------
13. DISPOSAL CONSIDERATIONS
------------------------------------------------------------------------------- =
WASTE DISPOSAL METHOD. . . . . . . : Waste disposal should be in accordance with
existing federal, state and local environmental regulations. All handling
precautions for full containers must be followed for empty containers when
containers have.been passed on for reconditioning or disposal. The
recipient must be advised of the products hazards.
-------------------------------------------------------------------------------
14. TRANSPORTATION INFORMATION:
-------------------------------------------------------------------------------
TECHNICAL SHIPPING NAME. . . . . . . . : Azodicarbonamide Mixture
FREIGHT CLASS PACKAGE. . . . . . . . . . : Chemicals, NOI (NMFC 60000)
PRODUCT LABEL. . . . . . . . . . . . . . . . . . . Porofor ADC/F-C2
DOT (DOMESTIC SURFACE)
----------------------
HAZARD CLASS OR DIVISION . . . . . . : Non-Regulated
DOT POSTNOTE. . . . . ... . . . . . . . . . . . . : This material has a SADT greater than of 75 C
(167 F) ; therefore, it qualifies for Special
Provision 38 of 49 CFR 172. 101.
IMO / IMDG CODE (OCEAN)
-----------------------
PROPER SHIPPING NAME. . . . . . . . . . . : Azodicarbonamide
HAZARD CLASS DIVISION NUMBER. . . : 4.1
UN NUMBER. . . . . . . . . . . . . . . . . . . . . . . UN3242
PACKAGING GROUP. . . . . . . . . . . . . . . . . II
HAZARD LABEL(s) . . . . . . . . . . . . . . . . . Flammable Solid; Explosive (Subsidiary)
HAZARD PLACARD(s) . . . . . . . . . . . . . . . Flammable Solid
' A subsidiary risk label of class 1 (explosive) is required unless the
competent authority of the country of origin has permitted the label to be
dispensed with for a specified packaging because test data, have proved that
the self-reactive substance in such a packaging does not exhibit explosive
behavior.
ICAO / IATA (AIR)
-----------------
HAZARD CLASS DIVISION NUMBER. . . : Forbidden
Product Code: L249 MSDS Page 6
Approval date: 07/30/1999 Continued on next page
i
-------------------------------------------------------------------------------
15. REGULATORY INFORMATION:
OSHA STATUS. . . . . . . . . . . . . . . . . : This product is hazardous under the criteria of
the Federal OSHA Hazard Communication Standard 29
CFR 1910. 1200.
TSCA STATUS: . . . . . . . . . . . . . . . . . On TSCA Inventory
CERCLA REPORTABLE QUANTITY. . : None
SARA TITLE III:
SECTION 302 EXTREMELY
HAZARDOUS SUBSTANCES. . : None
SECTION 311/312
HAZARD CATEGORIES. . . . . : Immediate Health Hazard; Delayed Health Hazard;
Fire Hazard; Reactive Hazard
SECTION 313
TOXIC CHEMICALS. . . . . . . : None
RCRA STATUS. ... . . . .. . . . . . . . . . . When discarded in its purchased form, this
product should be managed as a RCRA hazardous
i
waste. (40 CFR 261.20-24) This product meets
the criteria of ignitability and reactivity (EPA
Hazardous Waste Numbers D001 and D003) .
Empty containers meeting the criteria listed in
40 CFR 261.7 may be disposed of as non-hazardous
waste.
The following chemicals are specifically listed by individual states; other
product specific health and safety data in other sections of the MSDS may also
be applicable for state requirements. For details on your regulatory
requirements. you should contact the appropriate agency in your state.
COMPONENT NAME
/CAS NUMBER CONCENTRATION STATE .CODE
--------------------------------------------------7-----------------------------
Azodicarbonamide (ADC)
123-77-3 Greater than 99 % PA3, NJ4
Mineral �of 1
64742-65-0 Less than 1 % CA
---------------------=--------------------------------------------------------
CA - California Proposition 65
NJ4 = New Jersey Other - included in 5 predominant ingredients > 1%
PA3 = Pennsylvania Non-hazardous present at 3% or greater.
MASSACHUSETTS SUBSTANCE LIST (MSL)
Hazardous Substances and Extraordinarily Hazardous Substances on the MSL
must be identified when present in products. To the best of our. knowledge,
this product contains no substances at a level which could require reporting
under the statute.
Product Code: L249 MSDS Page 7
Approval date: 07/30/1999 Continued on next page
Health Complaints
24-Apr-00
Time: 8:00:00 AM Date: 4/24/00 Complaint Number: 2319
Referred To: EDWARD BARRY Taken By: EDWARD BARRY
Complaint Type: ARTICLE XXXIX HAZARDOUS WASTE
Article X Detail:
Business Name: sentinel ������� �f' "�✓
Number: 70 Street: airport rd , hyannis
Village: HYANNIS Assessors Map-Parcel:
Complainant's Name: citizen
Address:
Telephone Number:
Complaint Description: using PRODUCTS THAT ARE UNHEALTHY .
STRONG ODOR
Actions Taken/Results:.
Investigation Date:0.V 14.�,,0r4nvestigation Time:
1
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