HomeMy WebLinkAbout1165 IYANNOUGH ROAD/RTE 28 - Health 1165 Iyari 60ghRoad _f '
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588 Silver Street,Agawam,MA 01001 tel 413.789.3530 fax 413.789.2776 www.ecs.consult.com
Via Certified
Board of Selectmen October 26,2011.
Town of Barnstable Project No. 01-50096
367 Main Street Document No.40649
Barnstable,MA 02601
RE: Cumberland Farms
+ 1165 Iyannough Road
Hyannis,Massachusetts
RTN 4-23524
Dear Board of Selectmen:
On behalf of Cumberland Farms, Environmental Compliance Services, Inc. (ECS) submitted a Class A-1
Response Action Outcome to the Massachusetts Department of Environmental Protection (MassDEP) on
October 26, 2011. A copy of the report can be obtained by contacting the Department of Environmental
Protection, 20 Riverside Drive, Lakeville, MA 02347. If you should have any questions concerning this
submittal,please do not hesitate to contact our office.
Sincerely, '
ENVIRONMENTAL COMPLIANCE SERVICES,INC.
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• fit., j ��
Alexandra N.Riddle,LSP ,
Senior Project Manager ;V:"
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cc: Board of Health-Via Certified Mail .
MassDEP-eDEP
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WOM
AECOM Environment
2 Technology Park Drive,Westford,Massachusetts,01886-3140
T 978.589.3000 F 978.589.3100 www..aecom.com
July 7, 2009
Board of Health
200 Main Street
Hyannis, MA 02601
AECOM Project#02140-252
RE: Notice of Document Availability a
Cumberland Farms Facility#2187
//46,-Tr7Ylyannough Road
Hyannis, Massac-h-u—s-eWs
Release Tracking Number 4-21939
To Whom It May Concern:
Per the public notification requirements of the Massachusetts Contingency Plan(MCP), 310 CMR 40.0000,
this letter is to inform you that AECOM, Inc., on behalf of Cumberland Farms, Inc. (CFI)submitted to the
Department of Environmental Protection(DEP)a Response Action Outcome(RAO)Statement. This
document is enclosed with this letter and is also available for your review and copying at the DEP Southeast
Region Office, located at 20 Riverside Drive, Lakeville, Massachusetts, 02347.Also attached is a copy of
the Release Notification Form(RNF)BWSC 103.This RNF has been submitted to the DEP.
If you have any questions, please contact Christopher Johnson of CFI (508)270-4495.or either of the
HI
undersigned.
Sincerely, -- ,
i 0-
AECOM
:Jroll
t:aJ
Brian D. Serrecchia Christopher G. Mariano, LSP
Project Manager Senior Geologist
cc: Christopher Johnson; CFI
DEP Southeast Region Office
JA0052\Projects\P20(2000-2999)\2140
Cumberland Farms\MA\Hyannis-252
(IyannoughRd)\RAO\Publicnotification final.doc
Massachusetts Department of Environmental Protection
Bureau of Waste Site Cleanup BWSC104
RESPONSE ACTION OUTCOME (RAO) STATEMENT Release Tracking Number
Pursuant to 310 CMR 40.1000(Subpart J) - 21939
For sites with multiple RTNs,enter the Primary RTN above.
A. SITE LOCATION:
1. Site Name/Location Aid: ICUMBERLAND FARMS STORE
2. Street Address: 11171 RT 132
3. City/Town: HYANNIS 4. ZIP Code: 026010000
® 5. Check here if a Tier Classification Submittal has been provided to DEP for this disposal site.
a. Tier IA 0 b. Tier IB c. Tier IC d. Tier II
6. If a Tier I Permit has been issued, provide Permit Number:
B. THIS FORM IS BEING USED TO: (check all that apply)
1. List Submittal Date of RAO Statement(if previously submitted): ss�
mm/dd/yyyy
z2. Submit a Response Action Outcome(RAO)Statement
❑ a. Check here if this RAO Statement covers additional Release Tracking Numbers(RTNs). RTNs that have been
previously linked to a Tier Classified Primary RTN do not need to be listed here.
b. Provide additional Release Tracking Number(s) ❑ _ ❑ _
covered by this RAO Statement.
® 3. Submit a Revised Response Action Outcome Statement
a. Check here if this Revised RAO Statement covers additional Release Tracking Numbers(RTNs), not listed on the
RAO Statement or previously submitted Revised RAO Statements. RTNs that have been previously linked to a Tier
Classified Primary RTN do not need to be listed here.
b. Provide additional Release Tracking Number(s)
covered by this RAO Statement.
4. Submit a Response Action Outcome Partial(RAO-P)Statement
Check above box, if any Response Actions remain to be taken to address conditions associated with this disposal site
having the Primary RTN listed in the header section of this transmittal form. This RAO Statement will record only an
RAO-Partial Statement for that RTN. A final RAO Statement will need to be submitted that references all RAO-Partial
Statements and, if applicable,covers any remaining conditions not covered by the RAO-Partial Statements.
Also,specify if you are an Eligible Person or Tenant pursuant to M.G.L.c.21 E s.2,and have no further obligation to
conduct response actions on the remaining portion(s)of the disposal site:
® a. Eligible Person b. Eligible Tenant
5. Submit an optional Phase I Completion Statement supporting an RAO Statement
6. Submit a Periodic Review Opinion evaluating the status of a Temporary Solution for a Class C-1 RAO Statement,as
specified in 310 CMR 40.1051 (Section F is optional)
® 7. Submit a Retraction.of a previously submitted Response Action Outcome Statement(Sections E&F are not required)
(All sections of this transmittal form must be filled out unless otherwise noted above)
Revised:02/28/2006 Page 1 of 7
'Massachusetts Department of Environmental Protection '-
Bureau of Waste Site Cleanup BWSC104
RESPONSE ACTION OUTCOME (RAO) STATEMENT Release Tracking Number
4� - 21939
Pursuant to 310 CMR 40.1000(Subpart J)
X
C. DESCRIPTION OF RESPONSE ACTIONS: (check all that apply;for volumes, list cumulative amounts)
® 1. Assessment and/or Monitoring Only 2. Temporary Covers or Caps
Q3. Deployment of Absorbent or Containment Materials ® 4. Treatment of Water Supplies
5. Structure Venting System ® 6. Engineered Barrier
® 7. Product or NAPL Recovery 8. Fencing and Sign Posting
9. Groundwater Treatment Systems [__j 10.. Soil Vapor Extraction
11. Bioremediation ® 12. Air Sparging
F] 13. Monitored Natural Attenuation ® 14. In-situ Chemical Oxidation
15. Removal of Contaminated Soils
a. Re-use, Recycling or Treatment i.On Site Estimated volume in cubic yards
ii. Off Site Estimated volume in cubic yards
iia. Facility Name: Town: State:
iib. Facility Name: Town: State:
iii. Describe:
b. Landfill
i.Cover Estimated volume in cubic yards
Facility Name: Town: State:
ii. Disposal Estimated volume in cubic yards
Facility Name: Town: State:
Z .16. Removal of Drums,Tanks or Containers:
a. Describe Quantity and Amount: CYN ENVIRONMENTAL REMOVED 13 55-GALLON DRUMS ASSOCIATED
WITH THE SPILL
b. Facility Name: CYN OIL CORPORATION Town: STOUGHTON State: MA
c. Facility Name: Town : State:
17.. Removal of Other Contaminated Media:
a.Specify Type and Volume:
WATER
b. Facility Name: EPS OF VERMONT, INC Town: ALBANY State: NY
c. Facility Name: Town: State:
Revised: 02/28/2006 Page 2 of 7
Massachusetts Department of Environmental Protection
Bureau of Waste Site Cleanup BWSC104
RESPONSE ACTION OUTCOME (RAO) STATEMENT Release Tracking Number
Pursuant to 310 CMR 40.1000(Subpart J)
C. DESCRIPTION OF RESPONSE ACTIONS(cont.): (check all that apply;for volumes, list cumulative amounts)
18. Other Response Actions:
Describe:
19. Use of Innovative Technologies:
Describe:
D.SITE USE:
1. Are the response actions that are the subject of this submittal associated with the redevelopment, reuse or the major
expansion of the current use of property(ies)impacted by the presence of oil and/or hazardous materials?
Fla. Yes Z✓ b. No c. Don't know
2. Is the property a vacant or under-utilized commercial or industrial property("a brownfield property")?
® a. Yes 0 b. No ® c. Don't know
3. Will funds from a state or federal bro_wnfield incentive program be used on one or more of the property(ies)within the disposal
site?
® a. Yes ®✓ b. No ® c. Don't know If Yes, identify program(s):
4. Has a Covenant Not to Sue been obtained or sought?
® a. Yes ®✓ b. No ® c. Don't know
5. Check all applicable categories that apply to the person making this submittal: a. Redevelopment Agency or Authority
® b. Community Development Corporation ® c. Economic Development and Industrial Corporation
® d. Private Developer ® e. Fiduciary ® f. Secured Lender ® g. Municipality
® h. Potential Buyer(non-owner) ®✓ i.Other, describe: PRIVATE ORGANIZATION
This data will be used by MassDEP for information purposes only,and does not represent or create any legal commitment,
obligation or liability on the part of the party or person providing this data to MassDEP.
E. RESPONSE ACTION OUTCOME CLASS:
Specify the Class of Response Action Outcome that applies to the disposal site,or site of the Threat of Release.
Select ONLYone Class.
1. Class A-1 RAO: Specify one of the following:
0✓ a. Contamination has been reduced to background levels. ❑ b. A Threat of Release has been eliminated.
® 2. Class A-2 RAO: You MUST provide justification that reducing contamination to or approaching background levels is
infeasible.
El 3. Class A-3 RAO: You MUST provide an implemented Activity and Use Limitation(AUL)and justification that reducing
contamination to or approaching background levels is infeasible.
4. Class A-4 RAO: You MUST provide an implemented AUL, justification that reducing contamination to or approaching
® background levels is infeasible,and justification that reducing contamination to less than Upper Concentration Limits
(UCLs) 15 feet below ground surface or below an Engineered Barrier is infeasible. If the Permanent Solution relies upon an
Engineered Barrier,you must provide or have previously provided a Phase III Remedial Action Plan that justifies the selection
of the Engineered Barrier.
Revised:02/28/2006 Page 3 of 7
Massachusetts Department of Environmental Protection - ,
Bureau of Waste Site Cleanup BWSC104
RESPONSE ACTION OUTCOME (RAO) STATEMENT Release Tracking Number
Pursuant to 310 CMR 40.1000(Subpart J) - 21939
E. RESPONSE ACTION OUTCOME CLASS(cont.):
_ 5. Class'B-1 RAO: Specify one of the following:
a. Contamination is consistent with background levels b. Contamination is NOT consistent with background
levels.
® 6. Class B-2 RAO: You MUST provide an implemented AUL.
® 7. Class B-3 RAO: You MUST provide an implemented AUL and justification that reducing contamination to less than
Upper Concentration Limits(UCLs) 15 feet below ground surface is infeasible.
® 8. Class C-1 RAO: You must submit a plan as specified at 310 CMR 40.0861(2)(h). Indicate type of ongoing response
actions.
a. Active Remedial System b. Active Remedial Monitoring Program c. None
d. Other Specify:
9. Class C-2 RAO: You must hold a valid Tier I Permit or Tier II Classification to continue response actions toward a
Permanent Solution.
F. RESPONSE ACTION OUTCOME INFORMATION:
1. Specify the Risk Characterization Method(s)used to achieve the RAO described above:
® a. Method 1 b.Method 2 c. Method 3
d. Method Not Applicable-Contamination reduced to or consistent with background,or Threat of Release abated
2. Specify all Soil Category(ies)applicable. More than one Soil Category may apply at a Site. Be sure to check off all APPLICABLE
categories:
a. S-1/GW-1 F-I d.S-2/GW-1 ❑ g.S-3/GW-1
b. S-1/GW-2 ❑ e.S-2/GW-2 F] h. S-3/GW-2
❑✓ c. S-1/GW-3 ❑ f. S-2/GW-3 ❑ i. S-3/GW-3
3. Specify all Groundwater Category(ies)impacted. A site may impact more than one Groundwater Category. Be sure to check off
all IMPACTED categories:
® a. GW-1 ❑ b. GW-2 c.GW-3 d. No Groundwater Impacted
4. Specify remediation conducted:
® a. Check here if soil remediation was conducted.
'b. Check here if groundwater remediation was conducted.
5. Specify whether the analytical data used to support the Response Action Outcome was generated pursuant to the Department's
Compendium of Analytical Methods(CAM)and 310 CMR 40.1056:
El a. CAM used to support all analytical data. ® b. CAM used to support some of the analytical data.
✓® c. CAM not.used.
® 6.Check here to certify that the Class A, B or C Response Action Outcome includes a Data Usability Assessment and Data
Representativeness Evaluation pursuant to 310 CMR 40.1056.
7. Estimate the number of acres this RAO Statement applies to: ! '
Revised: 02/28/2006 Page 4 of 7
Massachusetts Department of Environmental Protection
Bureau of Waste Site Cleanup, BWSC104
RESPONSE ACTION OUTCOME (RAO) STATEMENT Release Tracking Number
21939
Pursuant to 310 CMR 40.1000(Subpart J)
G. LSP SIGNATURE AND STAMP:
I attest under the pains and penalties of perjury that I have personally examined and am familiar with this transmittal form,
including any and all documents accompanying this submittal. In my professional opinion and judgment based upon application
of(i)the standard of care in 309 CMR 4.02(1), (ii)the applicable provisions of 309 CMR 4.02(2)and (3),and 309 CMR4.03(2),and
(iii)the provisions of 309 CMR 4.03(3),to the best of my knowledge, information and belief,
> if Section B indicates that either an RAO Statement,Phase I Completion Statement and/or Periodic Review Opinion is being
provided,the response action(s)that is(are)the subject of this submittal (i)has(have)been developed and implemented in
accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000,(ii)is(are)appropriate and reasonable to
accomplish the purposes of such response action(s)as set forth in the applicable provisions of M.G.L.c.21 E and 310 CMR
40.0000,and (iii)comply(ies)with the identified provisions of all orders, permits, and approvals identified in this submittal.
I am aware that significant penalties may result, including, but not limited to, possible fines and imprisonment, if I submit
information which I know to be false, inaccurate or materially incomplete.
1. LSP#: 9197
2. First Name: ICHRISTOPHER G 3. Last Name: MARIANO
4. Telephone:19785893000 15 Ext.: 3135 6 FAX: 9785893705
7. Signature: IChristopher G Mariano
8. Date: 0 711 3/2 0 0 9
9. LSP Stamp: ;
mm/dd/yyyy
Ele of
17
H. PERSON MAKING SUBMITTAL:
c. change in the person
1. Check all that apply: ® a. change in contact name El b.change of address Z✓ undertaking response actions
2. Name of Organization: ICUMBER LAN D FARMS, INC.
3. Contact First Name:_ CHRISTOPHER 4. Last Name: JOHNSON
5. Street: 100 CROSSING BOULEVARD 6.Title: PROJECT MANAGER
7. City/Town: FRAMINGHAM 8. State: MA 9. ZIP Code: 01702-0000
10. Telephone: 5082701400 11.Ext.: 4495 12. FAX:
Revised:02/28/2006 Page 5 of 7
Massachusetts Department of Environmental Protection
Bureau of Waste Site Cleanup BWSC104
RESPONSE ACTION OUTCOME (RAO) STATEMENT Release Tracking Number
Pursuant to 310 CMR 40.1000(Subpart J) �__9- - 21939
I. RELATIONSHIP TO RELEASE OR THREAT OF RELEASE OF PERSON MAKING SUBMITTAL:
z1. RP or PRP a. Owner b.- Operator 0 c. Generator d. Transporter
lie. Other RP or PRP Specify:
2. Fiduciary, Secured Lender or Municipality with Exempt Status(as defined by M.G.L.c.21 E,s.2)
® 3. Agency or Public Utility on a Right of Way(as defined by M.G.L.c.21 E,s.50))
El 4. Any Other Person Making Submittal Specify Relationship:
J. REQUIRED ATTACHMENT AND SUBMITTALS:
1. Check here if the Response Action(s)on which this opinion is based, if any,are(were)subject to any order(s), permit(s)
® and/or approval(s)issued by DEP or EPA. If the box is checked,you MUST attach a statement identifying the applicable
provisions thereof.
2. Check here to certify that the Chief Municipal Officer and the Local Board of Health have been notified of the submittal of
an RAO Statement that relies on the public way/rail right-of-way exemption from the requirements of an AUL.
0 3. Check here to certify that the Chief Municipal Officer and the Local Board of Health have been notified of the submittal of a
RAO Statement with instructions on how to obtain a full copy of the report.
4. Check here to certify that documentation is attached specifying the location of the Site,or the location and boundaries of
Othe Disposal Site subject to this RAO Statement. If submitting an RAO Statement for a PORTION of a'Disposal Site, you
must document the location and boundaries for both the portion subject to this submittal and,to the extent defined,the entire
Disposal Site.
5. Check hereto certify that, pursuant to 310 CMR 40.1406, notice was provided to the owner(s)of each property within the
0 disposal site boundaries,or notice was not required because the disposal site boundaries are limited to property owned by
the party conducting response actions. (check all that apply)
EJ a. Notice was provided prior to,or concurrent with the submittal of a Phase II Completion Statement to the Department.
b. Notice was provided prior to,or concurrent with the submittal of this RAO Statement to the Department.
0 c. Notice not required. d. Total number of property owners notified, if applicable:
6. Check here if required to submit one or more AULs.-You must submit an AUL Transmittal Form (BWSC113)and a
® copy of each implemented AUL related to this RAO Statement. Specify the type of AUL(s)below: (required for Class
A-3,A-4, B-2, B-3 RAO Statements)
a. Notice of Activity and Use Limitation b. Number of Notices submitted:
c. Grant of Environmental Restriction d. Number of Grants submitted:
® 7. If an RAO Compliance Fee is required for any of the RTNs listed on this transmittal form, check here to certify that an RAO
Compliance Fee was submitted to DEP, P.O. Box 4062, Boston, MA 02211.
o8. Check here if any non-updatable information provided on this form is incorrect, e.g.Site Address/Location Aid. Send
corrections to the DEP Regional Office.
9. Check here to certify that the LSP Opinion containing the material facts,d ata, and other information is attached.
Revised: 02/28/2006 Page 6 of 7
Massachusetts Department of Environmental Protection
Bureau of Waste Site Cleanup BWSC104
RESPONSE ACTION OUTCOME (RAO) STATEMENT Release Tracking Number
Pursuant to 310 CMR 40.1000(Subpart J) 4 - 21939
K. CERTIFICATION OF PERSON MAKING SUBMITTAL:
1. I, Christopher Johnson attest under the pains and penalties of perjury(i)that I have personally
examined and am familiar with the information contained in this submittal, including any and all documents accompanying this
transmittal form, (ii)that, based on my inquiry of those individuals immediately responsible for obtaining the information,the
material information contained in this submittal is,to the best of my knowledge and belief,true, accurate and complete,and (iii)
that I am fully authorized to make this attestation on behalf of the entity legally responsible for this submittal. I/the person or
entity on whose behalf this submittal is made am/is aware that there are significant penalties, including, but not limited to,
possible fines and imprisonment,for willfully submitting false, inaccurate, or incomplete information.
2 By: Christopher Johnson 3. Title: PROJECT MANAGER
Signature
r
i
4. For: CUMBERLAND FARMS, INC. 5. Date: 07/10/2009
(Name of person or entity recorded in Section H) mm/dd/yyyy
6. Check here if the address of the person providing certification is different from address recorded in Section H.
7. Street:
8. City/Town: 9. State: 10. ZIP Code:
11. Telephone: 12. Ext.: 13. FAX:
YOU ARE SUBJECT TO AN ANNUAL COMPLIANCE ASSURANCE FEE OF UP TO$10 000 PER
BILLABLE YEAR FOR THIS DISPOSAL SITE. YOU MUST LEGIBLY COMPLETE ALL RELEVANT
SECTIONS OF THIS FORM OR DEP MAY RETURN THE DOCUMENT AS INCOMPLETE. IF YOU
SUBMIT AN INCOMPLETE FORM,YOU MAY BE PENALIZED FOR MISSING A REQUIRED DEADLINE.
Date Stamp(DEP USE ONLY:)
I .
Received by DEP on-
7/13/2009 7:26:07 AM
Revised: 02/28/2006 Page 7 of 7
Massachusetts Department of Environmental Protection t.
Bureau of Waste Site Cleanup BWSC103
RELEASE NOTIFICATION & NOTIFICATION Release Tracking Number
7771
RETRACTION FORM 4 - 1939w ,
Pursuant to 310 CMR 40.0335 and 310 CMR 40.0371 (Subpart C)
A. RELEASE OR THREAT OF RELEASE LOCATION:
CUMBERLi4ND FARMSSTOREi
1. Release Name/Location Aid:
2. Street Address:
MYANNIS * yr ` r' 0260'10000 6 � '
3. City/Town: ti�. n 4 = �E 4. ZIP Code: ,
5. UTM Coordinates: a. UTM N: 4614395 b. UTM E: 391067
B. THIS FORM IS BEING USED TO: (check one)
®✓ 1. Submit a Release Notification
® 2. Submit a Revised Release Notification
® 3. Submit a Retraction of a Previously Reported Notification of a release or threat of release including supporting
documentation required pursuant to 310 CMR 40.0335 (Section C is not required)
(All sections of this transmittal form must be filled out unless otherwise noted above)
C. INFORMATION DESCRIBING THE RELEASE OR THREAT OF RELEASE(TOR):
1. Date and time of Oral Notification, if applicable: 5/14/2009 Time: 10:00 a AM ® PM
mm/dd/yyyy h h:m m
2. Date and time you obtained knowledge of the Release or TOR: 5/14/2009 Time: 09:15 AM ® PM
mm/dd/yyyy h h:m m
3. Date and time release or TOR occurred, if known: 5/14/2009 1 Time: 09:00 AM ® PM
mm/dd/yyyy h h:m m
Check all Notification Thresholds that apply to the Release or Threat of Release:
(for more information see 310 CMR 40.0310-40.0315)
4. 2 HOUR REPORTING CONDITIONS 5. 72 HOUR REPORTING CONDITIONS 6. 120 DAY REPORTING CONDITIONS
✓® a. Sudden Release a. Subsurface Non-Aqueous a. Release of Hazardous
® Phase Liquid (NAPL)Equal to ® Material(s)to Soil or
b. Threat of Sudden Release or Greater than 1/2 Inch Groundwater Exceeding
® c. Oil Sheen on Surface Water ® b. Underground Storage Tank Reportable Concentration(s)
(UST)Release b. Release of Oil to Soil
® d. Poses Imminent Hazard Exceeding Reportable
c. Threat of UST Release
e. Could Pose Imminent Concentration(s)and Affecting
® Hazard More than 2 Cubic Yards
® d.. Release to Groundwater
f. Release Detected in near Water Supply c. Release of Oil to
® Private Well ® Groundwater Exceeding
e. Release to Groundwater Reportable Concentration(s)
Q✓ g: Release to Storm Drain near School or Residence
d. Subsurface Non-Aqueous
® h. Sanitary Sewer Release ® f. Substantial Release Migration ® Phase Liquid(NAPL)Equal to
(Imminent Hazard Only) or Greater than 1/8 Inch and
Less than 1/2 Inch
Revised: 02/10/2006 Page 1 of 3
Massachusetts Department of Environmental Protection
Bureau of Waste Site Cleanup BWSC103
h
RELEASE NOTIFICATION & NOTIFICATION Release Tracking Number
RETRACTION FORM d - 219$9�
Pursuant to 310 CMR 40.0335 and 310 CMR 40.0371 (Subpart C)
C. INFORMATION DESCRIBING THE RELEASE OR THREAT OF RELEASE(TORT:(cont)
7. List below.the Oils(0)or Hazardous Materials(HM)that exceed their Reportable Concentration(RC)or Reportable Quantity
(RQ)by the greatest amount.
O or HM Released CAS Number, O or HM Amount or Units RCs Exceeded,if
if known Concentration Applicable(RCS-1,RCS-2,
RCGW-1,RCGW-2)
GASOLINE 19.,,.,,,, N/A
F s�
® 8. Check here if a list of additional Oil and Hazardous Materials subject to reporting is attached.
D. PERSON REQUIRED TO NOTIFY:
1. Check all that apply:I ® a. change in contact name ® b.change of address c. change in the person
notifying
2. Name of Organization: CUMBERLAND FARMS INC.
3. Contact First Name: CHRISTOPHER 4. Last Name: JOHNSON
5. Street: 100 CROSSING BOULEVARD 6.Title: PROJECT MANAGER
7. City/Town: FRAMINGHAM 8. State: MA 9. ZIP Code: 017020000
10. Telephone: 15082701400 11.Ext.: 4495 12. FAX:
® 13. Check here if attaching names and addresses of owners of properties affected by the Release or Threat of Release,
other than an owner who is submitting this Release Notification (required).
E. RELATIONSHIP OF PERSON TO RELEASE OR THREAT OF RELEASE:
®✓ 1. RP or PRP ® a. Owner ® b. Operator ® c. Generator ® d. Transporter
e. Other RP or PRP Specify:
2. Fiduciary, Secured Lender or Municipality with Exempt Status(as defined by M.G.L.c.21 E,s.2)
3. Agency or Public Utility on a Right of Way(as defined by M.G.L.c.21 E,s.50))
® 4. Any Other Person Otherwise Required to Notify Specify Relationship:
Revised:02/10/2006 Page 2 of 3
Massachusetts Department of Environmental Protection
Bureau of Waste Site Cleanup BWSC103
RELEASE NOTIFICATION & NOTIFICATION Release Tracking Number
RETRACTION FORM
Pursuant to 310 CMR 40.0335 and 310 CMR 40.0371 (Subpart C)
F. CERTIFICATION OF PERSON REQUIRED TO NOTIFY:
1. I Christopher Johnson attest under the pains and penalties of perjury(i)that I have personally
examined and am familiar with the information contained in this submittal, including any and all documents accompanying this
transmittal form, (ii)that, based on my inquiry of those individuals immediately responsible for obtaining the information,the
material information contained in this submittal is,to the best of my knowledge and belief,true, accurate and complete, and (iii)
that I am fully authorized to make this attestation on behalf of the entity legally responsible for this submittal. I/the person or
entity on whose behalf this submittal is made am/is aware that there are significant penalties, including, but not limited to,
possible fines and imprisonment,for willfully submitting false, inaccurate, or incomplete information.
2. By: Christopher,Johnson1s"!,F 5 � I�,c v
r� 3. Title: PROJECT MANAGER
Signature
4. For: CUMBERLAND FARMS INC. 5. Date: 07/10/2009
(Name of person or entity recorded in Section D) mm/dd/yyyy
6. Check here if the address of the person providing certification is different from address recorded in Section D.
7. Street:
8. City/Town: 9. State: 10. ZIP Code:
11. Telephone: 12. Ext.: 13. FAX:
YOU ARE SUBJECT TO AN ANNUAL COMPLIANCE ASSURANCE FEE OF UP TO$10,000 PER
BILLABLE YEAR FOR THIS DISPOSAL SITE. YOU MUST LEGIBLY COMPLETE ALL RELEVANT
SECTIONS OF THIS FORM OR DEP MAY RETURN THE DOCUMENT AS INCOMPLETE. IF YOU
SUBMIT AN INCOMPLETE FORM,YOU MAY BE PENALIZED FOR MISSING A REQUIRED DEADLINE.
Date Stamp(DEP USE ONLY:)
Received by DEP on
7/10/2009 2:14:07 PM
Revised:02/10/2006 Page 3 of 3
AECOM
AECOM Environment
2 Technology Park Drive,Westford,Massachusetts,01886-3140
T 978.589.3000 F 978.589.3100 www.aecom.com
July 2, 2009
Massachusetts Department of Environmental Protection
Southeast Regional Office
Bureau of Waste Site Cleanup
20 Riverside Drive
Lakeville, Massachusetts 02347
Subject: Class A-1 Response Action Outcome Report
Cumberland Farms Facility#2187/Store#V1284
1171 lyannough Road
Hyannis, Massachusetts
RTN 4-21939
AECOM Project: 02140-252
To Whom It May Concern:
AECOM Environment(AECOM) has prepared this document on behalf of Cumberland Farms, Inc. (CFI) in
order to address Release Tracking Number(RTN)4-21939. The RTN was assigned by the Department of
Environmental Protection (DEP)to a surface spill of gasoline that occurred at the above-referenced location
on May 14, 2009. Supporting documentation for the submittal of a Release Notification Form (BWSC-103)
and Response Action Outcome (RAO) Statement Transmittal Form (BWSC-104) is contained in this letter.
All findings and opinions presented herein are.based on the work performed and are subject to the service
constraints presented as Attachment A.
In addition, a copy of this letter will be forwarded to the Barnstable Board of Health and the Town-Manager
in order to satisfy the public notification requirements outlined in 310 CMR 40.1400 of the Massachusetts
Contingency Plan (MCP).
Site Location
The subject site is located at 1171 lyannough Road in the town of Hyannis, Barnstable County,
Massachusetts. The property is currently occupied by a retail/gasoline dispensing facility. There are currently
two 12,000 and two 8,000-gallon double-walled fiberglass gasoline underground storage tanks(USTs)at the
facility. There are four dispenser islands located on the property associated with the retail sale of petroleum.
According to the June 17, 2009 DEP Bureau of Waste Site Cleanup Numerical Ranking Site Scoring Map
(NRS)reviewed for the disposal site,the site is located within a Zone II, an Environmental Protection Agency
Sole Source Aquifer, and a Potentially Productive Aquifer that is within a Non-Potential drinking water source
area (medium yield). The disposal site is not located within 0.5 miles of a public water supply or associated
Interim Wellhead Protection Area. In addition, according to the Barnstable Water Department, no private wells
are located within 0.5 miles of the property and the property is not located,in a Water Protection District.
Figures 1 and 2 identify the regional location of the facility and pertinent site features, respectively. The RAO
area associated with RTN 4-21939 is depicted on Figure 3. Figure 4 is a copy of the June 17, 2009 NRS Map.
Department of Environmental Protection
Bureau of Waste Site Cleanup
Page 2
Description of Release
On May 14, 2009, at approximately 9:00 AM, a release/spill of approximately 19 gallons of gasoline occurred
while a customer was fueling a-vehicle. Reportedly,the owner of the vehicle recently had repair work
completed on his gas tank and was unaware that the tank was not fully connected to the gas fill line. Based on
site observations and information provided to AECOM,the spill occurred at gasoline dispenser#14 located
northwest of the facility building. The spill migrated approximately 50 feet to the northeast along the concrete
pad and asphalt-paved area towards lyannough Road and entered an on-site catch basin. The width of the
spill at the widest point was approximately 15 feet.
At approximately 10:00 AM, the DEP was notified of the gasoline release at the subject facility. The DEP
issued RTN 4-21939 and granted verbal Immediate Response Action (IRA)approval to perform surface spill
cleanup activities, including cleaning out the impacted catch basin and settling chamber and assessing the
extent of the release.
On May 20, 2009, CFI received a copy of a Notice of Responsibility(NOR)for the release. Please refer to
Attachment B for a copy of the NOR and Attachment C for a copy for the May 14, 2009 Fire Department
Incident Report.
Description of Response Actions
Following the gasoline release at the facility, the CFI store manager notified the Hyannis Fire Department at
9:07 AM. Additionally, Cyn Environmental was notified by CFI to assist in the gasoline cleanup activities.
Prior to the fire department's arrival, the store manager created a dike around the impacted catch basin to
limit the amount of gasoline entering.
At approximately 9:12 PM, the Hyannis Fire Department arrived on-site to assist with cleanup activities. At
that time, the Fire Department applied speedy-dry and Biosolve®Pink Water®, a biodegradable vapor
suppressant, to the impacted area and reinforced the dike around the impacted catch basin to prevent the
migration of any addition material into the catch basin.
At approximately 9:25 AM, Ms. Cynthia Martin, a representative from the Board of Health, arrived on-site.
At approximately 10:00 AM, the Hyannis Fire Department removed all vehicles in the impacted area, taped
off the impacted area, and shut down access to the station.
-..At approximately 10:18 AM, Mr. Robert Murphy of the DEP arrived on-site. Mr. Murphy requested that the
Fire Department open the on-site drain covers to determine the extent of the release.
AECOM arrived on-site at approximately 10:30 AM to oversee the clean up activities, investigate the release
area, and evaluate the impacted catch basin. Upon arrival, AECOM conducted a site walk over and
interviewed the on-site store personnel. Upon discussion with the store manager, it was determined that the
impacted catch basin is connected to the on-site settling chamber. Based on field observations and CFI
records, the settling chamber then connects to the on-site leaching field via a discharge pipe. Gasoline
vapors were noted in and around the settling chamber area.
At approximately 12:00 PM, Cyn Environmental arrived on-site to complete response actions. Under the
direction of AECOM, Cyn Environmental pressure washed the inside of the catch basin, settling chamber,
and leach field manway while utilizing a vacuum truck to remove water and residual sediment. The
pressure washing was conducted until no gasoline sheen was present and no elevated photoionization
detector(PID) readings were observed.
M I AECOM"
AECOM Environment
Department of Environmental Protection
Bureau of Waste Site Cleanup
Page 3
E
Following the pressure washing,AECOM inspected the bottom and sides of the catch basin and settling
chamber, which revealed competent concrete bottoms with no evidence that the release reached the
subsurface.
I Based on field observations during the cleanout,the water level within the settling chamber remained
approximately three feet below the discharge pipe; therefore,the gasoline that entered the settling chamber
did not discharge to the leaching system.
In addition to inspecting the catch basin and settling chambers,AECOM also inspected the seam between the
concrete and asphalt over which the released gasoline flowed. One crack was observed, approximately 1/2
inch wide and three inches deep between the concrete pad and the asphalt. Upon further investigation, it was
determined that the crack had a solid bottom and did not suggest thaf the release reached the subsurface.
Refer to Attachment D for photographs of the facility.
On May 15, 2009, AECOM returned to the facility to perform post-cleanup air monitoring within the catch
basin, settling chamber and leaching field. A PID and lower explosive limit(LEL) meter were used to screen
the air. All readings on the PID and LEL were below instrument detection limits.
Remediation Waste Disposition
On May 14, 2009, Cyn Environmental transported approximately 1,905 gallons of gasoline/water mixture to
EPS of Vermont, Inc. of Albany, New York. In addition, Cyn Environmental transported thirteen 55-gallon
drums of state regulated solid waste/oily soils to Cyn Oil Corporation of Stoughton, Massachusetts on May 14,
2009. Removal and disposal of these materials were handled under Uniform Hazardous Waste Manifest.
Copies of the Uniform Hazardous Waste Manifests are included in Attachment E.
Response Action Outcome
On May 14, 2009, a release of approximately 19 gallons of gasoline occurred at the CFI Facility located at
1171 lyannough Road in Hyannis, Massachusetts. The surface release of gasoline was greater than the
Reportable Quantity and was subsequently reported to the DEP. The gasoline fuel spill flowed on
competent concrete and asphalt and entered a catch basin located downgradient from where the spill
occurred. Further investigation indicated that the impacted catch basin is connected to the on-site settling
chamber and leaching system. The base and sides of the catch basin and settling chamber were
constructed of competent concrete. A discharge pipe was observed within the settling chamber that
connected to the on-site leaching field. The water level within the settling chamber remained approximately
three feet below the discharge pipe;therefore, there was no release into the leaching field.
Based on the response actions completed and observations made on May 14 and May 15, 2009, it is
AECOM's opinion that the spilled gasoline did not reach the subsurface. In addition, it is AECOM's opinion
that a condition of Substantial Release Migration (SRM)or an Imminent Hazard to human health, safety,
public welfare, or the environment, does not currently exist at the site. In AECOM's opinion, no additional
response actions are required in relation to RTN 4-21939.
Based on the quantity of the spill, it is AECOM's opinion that a reportable release had occurred at the
subject site. However, based on the timeliness of the clean up and the fact that the spill was limited to the
competent concrete pad and asphalt, a concrete-constructed catch basin, and a concrete-constructed
settling chamber, it is AECOM's opinion that the response actions undertaken to date have reduced
contaminant concentrations to background levels and satisfied the requirements of a Class A-1 RAO for
RTN 4-21939. The RAO area associated with RTN 4-21939 is included on Figure 3.
AECOM
AECOM Environment
Department of Environmental Protection
Bureau of Waste Site Cleanup
Page 4
If you have any questions or require any additional information regarding this RAO, please contact any of
the undersigned at(978) 589-3000.
Sincerely yours,
Joanne Newell Lauren L. Roberts
Geologist Environmental Scientist
Christopher G. Mariano, P.G., LSP
Senior Hydrogeologist
Attachments
cc: Barnstable Town Manager
Barnstable Board of Health
AECOM file
Christopher Johnson, CFI
AECOM
AECOM Environment
AECOM
Figures
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SITE LOCUS Figure 1
Cumberland Farms, Inc. CFI# 2187
100 Crossing Boulevard
Business Support Campus 1171 lyanough Rd.
Hyannis,MA
Framingham, Massachusetts Hyannis, Massachusetts AECOM
ouadrangie Job No. 02140-252
Scale:1:24,000
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AEC0M
Attachment A
Service Constraints
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RAO Hyannis DRAFT(LR).doc
ECM
AECOM Environment
2 Technology Park Drive,Westford, Massachusetts,01886-3140
T 978.589.3000 F 978.589.3100 www.AECOM.aecom.com
SERVICE CONSTRAINTS
1. Preliminary Findings
The following limitation is applicable if-the report is stamped "DRAFT" or otherwise identified as preliminary:
AECOM has prepared this Preliminary Report at the specific request of the client. Due to Client imposed
time, information, and financial restrictions,AECOM has not performed the services necessary for it to
render any opinions or reach any conclusions. Accordingly, the studies, data, information, and findings
contained in this Preliminary Report are not the final conclusions of AECOM, but merely basic information
requested by the client upon which the Client may draw its own conclusions. Client agrees that AECOM
shall not be liable for any claims, loss, damage, or expenses incurred by the Client or others arising out of
the use of, or reliance on, any information contained in this Preliminary Report.
2. General
• This Report was prepared for the exclusive use of the Client. No other party is entitled to rely on the
conclusions, observations, specifications, or data contained therein without the express written
consent of.AECOM.
• This Report was prepared pursuant to an Agreement between the Client and AECOM. All uses of and
reliance upon this Report are subject to, and deemed acceptance of,the conditions and restrictions
contained therein.
3. Purpose of Report
It is AECOM's understanding that this Report is to be used for the purpose described in the introduction of
the Report. This stated purpose has been a significant factor in determining the scope and level of services
provided for in the Agreement. Should the purpose for which the Report is to be used, or the proposed use
of the site(s) change, this Report is no longer valid, and use of this Report by Client or others without
AECOM's review and written authorization shall be at the user's sole risk. Should AECOM be required to
review the Report after its date of submission, AECOM shall be entitled to additional compensation at then
existing rates or such other terms as agreed between AECOM and the Client.
4. Scope of Services
The observations and conclusions described in this Report are based solely on the Scope of Services
provided pursuant to the Agreement between Client and AECOM and summarized in the introduction of this
Report. AECOM has not performed any additional observations, investigations, studies, or testing not
specifically stated therein. AECOM shall not be liable for the existence of any condition, the discovery of
which required the performance of services not authorized under the Agreement. Unless otherwise
specified in the introduction of this Report, AECOM did not evaluate the presence of asbestos,
electromagnetic fields, lead paint, lead or copper in water, radon gas or other radioactive or infectious
materials.
JANorthboro\PST\Service Constraints\syscons arial
New logo.doc
Page 2
r 5. Time
The passage of time may result in changes in technology, economic conditions, site variations, or regulatory
provisions which would render the Report inaccurate. Accordingly, neither the Client, nor any other party,
shall rely on the information or conclusions contained in this Report after three (3) months from its date of
submission without the express written consent of AECOM. Reliance on the Report after such period of
time shall be at the user's sole risk. Should AECOM be required to review the Report after three (3) months
from its date of submission,AECOM shall be entitled to additional compensation-at then existing rates or
such other terms as may be agreed upon between AECOM and the Client.
6. Conclusions
The conclusions stated in this Report are based upon: observations of existing physical and/or economic
conditions; our interpretation of site history and site usage information; information provided by the Client;
and information and/or analyses provided by independent testing and information services or laboratories
upon which AECOM is entitled to reasonably rely. AECOM was not authorized and did not attempt to
independently verify the.accuracy or completeness of information or materials received from third parties.
during the performance of its services. AECOM shall not be liable for any conditions, information, or
conclusion, the discovery of which required information not available or independent investigation of
information provided to AECOM unless otherwise indicated. Any site drawing(s) provided within this Report
is not meant to�be an accurate base plan, but is used to present the general, relative locations of features
on, and surrounding, the site.
AECOM Environment
AECOM
AECOM
Attachment B
Notice of Responsibility
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RAO Hyannis DRAFT(LR).doc
COMMONWEALTH OF MASS-ACH.USETTS
EXECUTIVE QFFTCE OF ENIJRGY& I NUIROIV T IRS
DEPARTMENT:OF ENVIRONMENTAL PRO `f ''
NY
SDUTHEA$,T;REGTONA , 0FFj E;
20 R,V ERSIDE P,R`IVE, L. KEVILLE, -MA 0 . 508-946
I?EVAL L.PATRICK a"'` IAN_A. 801VLrS
.Governor' Secretary
< �
TIMOTHY-P MURR Y
Lieutenant G"over no" LAIIR3E T`
Commissioner
URGENT LEGAL.MATTERi PROMPT ACTION NECESSARY
May M 200,9
Ciirnberland Farms, Inc. RE: BARNSTAB:LE—BWSC%ER
100';Crossng Boulevard 1171 Rt 132, Hyarns;
Framingham, MA 01702, RTN#'4-21939
NOTICE OF RESPONSIBILITY,
E, 0,C1VIR 40.0004
ATTENTION -.Christopher Johnson:
On_May,14, 2009 at 10A..am;the Department of Environmental Protection (!'MassD.l PI received
oral notification.of a release,and/or threat of release of,oil andlor hazardous material at the above referenced:
property which requires,one or more,response actions, A suriicial release of nineteen (1:9) gallons of
gasoline occurred:at"the dispensing isaand, of the Rt 132 Cumberland Farms service station„ The release.
reportedly occurred as a,result,of a m'isconnection between the vehicle gastank and f Il pipe. Product:
was released to the apron and m"igrated mtoa catch:bas►n connected to an on-site,leaching network;.
The'IvMassachusetts O,`il and Hazardous Material 'Release Prevention and Response Act, 1viG.L,
c.-2 E, and`the Massachusetfs-Contingency Plan (the:'"1V1GP"), 310 CMR'40 00.0:0, require the.performance
of response;actions to prevent harm to'health, safety, public welfare and the environment which may result;
frorn this re ease:and/or threat of release and govern the conduct<of:such actions: The-purpose of this,notice:
is to;inforiir you of,'your legal,responsibilities under State law for assessing and/or re mediating Che.release,at:
this property.. For;purposes.of. his Notice of.Responsibility;'the terms and phases used herein shallhave
the rieaning ascrrled to rich terms,and phrases by the MCP irnless;;the context clearly i> dreates;otherwise;
MassDEPhas reason to believe°that the release and%or threat of release,,wh'
icK has-been reported is
or may be a disposal site as defined by the NI:C:.P. MassDEP.. o:has=reason to believe it at, (as used in
this_letter, Y. refers to Cumberland Farms;.Inc)are.a.Potential.ly:Responsibl,e.Party(a,i'PkP")with
liability under M G.L.c,,21 E &5. for'lresponse;action casts. This liability is"strict"';meaning that it is not
based an fault, but:sole Y DJl yotir`status:as;oi ner,;operator;generator,transporter,disposer or other person
specified in M..G:L c,21E§5. This liability:is also joint and,several",meaning thai- ou may be liable for
al.l response; ctron:costs°incur red:at;a disposal sate regardless,'of the existence of any other ltabie parties:,,
This io(ormA�6n is aa-ailable ina iernat format Cal)Donald M;:(30mesj A6k aordmaror,af 617 5564057,TDI)ti 86,6 539-7622 or 61,7 574 6868,.
Pu on:;the World 1Nide Web htlp flwVnry mess goo/cep
�, 'PrWdd bd,Recycled"Paper:
x
2
MassDEP encourages:parties:iyith ai'abihttes.under M.G.L. c:2IE to take prompt and appropriate
actions in response to releases;and threats of'.release of od and/or hazardous materials,. By takuug prompt
action, you ivay significantly .lower; your assessnient and cleanup costs!:and/of avoid; liability for costs:
incurred :by.MassDEP in taking such. actions. You rnay: also, avoid the imposition of? the amount :of or
redude certain, permit and/or annual compliance assurance fees payable u'Ar;,31:' CIuIR'4 00.. 'Please-refer
ao M.G.L. c.21E for a.complete description -of potential liability; :For your convenience, .asumrn of
liability under:M;G.L, e.2.1 E is attached to`this notice:
Yo.0 should'be aware that you!`may have claims against third parties for damages, J,gq'u- ng claims.
for.coritribution.o.r reimbursement for the costs of cleanup:. Such claims do not:exist:indefinitely bout are'
.governed by laws"which establ"sh the time allowed.for bi inging litigation.. 'MassDEP encourages you.:t.cr take
any%action necessary to protect any such-claims you.may have against third parties;
.At tht:,ti me:4.oral notification,,to,IVlassD,EP, no, response actions were approved as..;an Immediate
Response;Action (1R A) Subsequent coordination with, the e Licensed Site Pro.fessiouial (LSPj-of-Record:
resulted in`the approval:ofthe following:IRAs::
Remova of gasoline impacted water and Sediment front the catch basin and sett,hng'I -k.
Recovery of expended,;Speed: dry;and,assessment of the:extent;of the release.;
A11 Rerreduation Waste,nius"t',be properly stored7handled.and disposed of witfiin l20 days` -
from the date of generation.per 310 CMR 40 00.30
ACTIONS REQUIRED
Additional submittals are necessary with regard to?ft is notification including; but not limited to, the,
filing of a: written IRA Plai , IRA Completion Statement Arid/or a Response`,Actton Outcome ,(RAIj
statement: The MCP requires Ghat a fee of$1;200 be submitted to. sDEP when an RAO statement;
i$ filed greater than 1`2D days :from ahe da"te of;initial rigtificat on. Specific>;approval is required:from
MassDEP for the i►nplementat on of,all IRAs pursuant to 3.10 CMR '4::0 0420.and 3'�10 CM 40:0443;,
respectively, -Assessment activities,the consti4iicttaii iof a,fence and/or the posting of a gns are:actions:that;
e exempt from this.approval require ar ment.
In.addition to oral,notification,;310 CMR 40 0333':;requires that a completed Release.Notificati.on
Form(BWSC-103 attached)be,submWed to;MassD'EP within sixty(60)ealendar days of May;t4,200.9,
You.must;employ or.engage a:Licensed Site;Professional (LS'P}'to:manage, supervise or actually:
perform the necessary response actions at this site:: You may.obtain'a:1`st of:the names ands addresses of
these licensed„professionals from the,Board of Registration of I-lazardois'Waste'Srte Clearipp.Professionals;
by calimg (G 17) 556 1091 or,visiting http://www.•state,rna<iis/Isp; WssDEP has Christopher Mariano;as
the.<LSP of=-Record,for this release;
Unte°ss, otherwise proytaed by'MassDJ✓P--, oiential,ly responsible' parties.("PRP's") have,one year
:from the initial date of notification-to°MassDEP of.a release or threaf.of a re.lease,.pursuant to 310.CMR
40.030.0, or from the date MassDEP tss�es a,Notice of Respons�bi,lity,whiclieveroccirs earlier;to file with'
MassDEl? :one of the following subm.itfals. (.1) a completed Tier Classification Submittal; (2),an RAO
Statement'or, if applicable; (3) a.DowngrMient Properly Status: The.deadline for ettlier of`the first tw.o
3'
subm�tta"ls for this disposal_site is iV1-ny 14; -,26fo. If required, by the 1vtCP a completed Tier I"Permit
Application""must;also accompany a Tier Class fcation*Submittal
This site�sha t:not" be;deemed to"have ha.d::all the'necessnry .and 'r uired response :acti"ons.taken
unless and`until,all stibstantial hazards:°presented by.the release and/okhreat of release have been,eliminated.
and a level of No Sigriificant:Rkk,exists or, l as been achieved in:,cooipl'iance wiih M;;G.1..° c:21 E and the
MCP
If ou have anuestions relative to;this N � a_.
y ally quest ohce,,Ialease•<conCacf Robert Murphy at the letterhead
address or :at (508") 771-60.88.- All future. , municat.ons regarding, this release must reference the
foll`owrngRelease Tracking Number°.:4-21939:
Very truly yours
DanielCrafton,Acting Chief
Emergency"Response.Release:
`Notification Section
C(RCM/re
ER, s\4-21939::Barnsta61 "T l 7 Rt 132-'cumbies release�4-2'1.939 Barnstable 101 'Rt 132 cumb.es release Cumby
N.OR.doc
A"ttachments," Release Notification Form; BWSC.=.1''03.and instructions
S�immary of,L ab"ility:undei N(G.L..c 21 E;
NlassD8.P s g.6ide to hiring"a.,Licensed Site:Frofessional.
cc Board of'I=Iealfh.
Board,of:Selecttnen
307 Main Street
Hyan.s;:MA 02,601
Fire Dept::.
95 High School'Road fi
Hyannis;MA.02.601.
John Crowell
74 Rendevous Lane:
Barnstable, Massachusetts 02630
MMM
Attachment C
May 14, 2009 Fire Department Incident Report
I
\\ussgmlfp001\jointdata\0052\Projects\P20(2000-2999)\2140
Cumberland Farms\MA\Hyannis-252(lyannoughRd)\RAO\Class A-1
RAO Hyannis DRAFT(LR).doc
N t-.
0 c '�6
LJ L'h�', I
A290428: L-0 'D 40 ActivitY I 1c,
s
poo ;S�ta�on In6dent Number: !Exppwi
...........
c 60 prov id.edon I V.Aldly qensusJ I rac,
, !le(*.this is i
Lod-a M to in 6 'A 6 ipriZoecifica e. Y fdi4il I' 'a fit 6;�'
n It,in pi; �vo
gStirdetAddress RD
1-7.1 :flfYAN.N6U. G.14R0ADf
Number?Milepcisl Prefix S I or,Hig"ay Street T
We Suffm
[I In fro.ntof'
[I:Re r: W
-a pf I
�A
late
jacen
[ID.irecti.ons
�Cross�treetordirection��.as�pplicable
Dates&Jimles Midnightis.00W Shift&.-Alar.ms,
Ei
G6�6 'ne th-
Qr-.�O�Pr
dker�.boxes ii M. 6 n,th Day Year. Hour Mid
Incident Tyo [fig'Mffivibl0 lidifid soffl dates ire 64, 'ALA.W,shv4s rWired b, still
A I d Give' n.R,e i d- 4- sarvie ai;AWrm
.qQive SNOW N DfAlannDistrict
0
Alarm �zicioq 1 0§"0 71 platoon
I 0,MutuaI:a'I.d rec6ive.d
ARR'!VALrei u red;'uriless,�qn�eled ot d�noi aniv ii�
:�2 Autdimltic.a,i'ttl"rec,V. W Spe,�iail Studies
ieir FDID Thwi [�00,91 109`1�i
�.3 13 Mu(fua.Faid given �8tate. Looe"Opficirk
e -WW14(qrrcs
Atitothatic'aW CONTRQI�LEDopllloRal".kc�e 1 r0ii..
4 D 11_... .. � �'.. _given
9thevilld gly c,ontr911.96
LAST NIT C EAREQ,(�4iikad SWU �s
N 19 None Ln't Unit b""w n,pri,' I I
'Sludy,IDW Mrvoub
I heir Incident Number
cleared 1:0 5�1,L!AJ 126601 11,:24
Estimated Dollar Losses&'Values.
ACtions Taken Gil Resburces�*�
2
'I is sW' if
Ej Ch,00fiWbokandikip fii " ion an LdtSEt'
L_M86J Aporetus,or Pe.rsoinnel,forni is.tmed..
None
Ap0araitus Personnel
Pro rt
. y
Tp. .
Suppression 4. C
43 [HA�0d0W4ii6Wi*"*l1 OntiOantd _ontents;
El,
Additional kfion.Tal�qri(2)
EMS- 6 1_6�j PRELINCINENT VALUE' optional
66, WAahli§h�safeve-a. .6ther f Property
Additional Action Taken.01 Che V resou -indude aid
6DU613
doe Contents
P
A None 'Hqza' rd10us* 01016 RO 'Il d U'
Po' p Hi *Q,00010P qap.q se p9ppirt
m .le*dM.od1W1Vs q PC y
Deaths I
0 Fire�,2 Fire. N NN,0
a!"g,As, slawleak.no ova _ o H NN Not mked
[].Strudttire.m3 �"a 0, 0 .10, 0 A's 4�embly'U.pe
an...Firel.-,Cas.-,,q [J fropanwgas: �21 lb.:(Snk,(as.in'h6r�e,BBO,,grill).,' A 0 Edd6atio`P',:bse
D,Fim S 3r ��33.:El Medical use
a a w
. W. �0 A0 0 Res; enti
C" C vilian o
[1E 4.[:] Kerosene-Rol Wmiit,equiprnahl�qr-p�Drtable.'sibr4ge d ial:u.se
13 kow,of stores
5 Didsel f6e IF e a o eblestorag,i
13 WfzMat-7 01/1 6.i,l:,ve,6IeJu1I't.,,nk-or:p rl, 11 Ericl6sed mall
6 ihold,solvents,.Hpinowr4,6piti,deahup,.Qnly 13 iin." 'U6 idential
E]Wil,�Iand fwe4: ki use fflus ess. s
'59-
Motor oil,:,from ery e or:portpbIq,!:pntainer
41 U.-Detector dleitad�..occuDants 8� PaIht,.,Jfprh]pdfnt dansto alng�tSfi.galloris 60 G Industirial use,
,P,crsonnel�1.0
I C9�Detector did not,alert.them 0 Other-Soecial'HkMavatlio4 requlre6-or '65 13 Faitin Os6
U0JUnkniown, QO Ell Other mixed
I lz�
Property Use
��re.s :341' [1 Clinlqj Clifile Type'infirrhayy 639 Q Ho.vs�.Ohbld,�ddbds-j shldS;repairt
po6f Oej�qtistpffip 1:3 1 sa es repq rs
Church,place,of worship, 579 M 11.1�� It.
ory ic e.
0 'Priso.n.:or.;,jai,`6 nil F1 [3 ,r;,as,6.r,"rvice.statloq
16i Abstauraht'O'cafetoria I ,e,,
'410, E31 B.0
16Z. Barita%(6r.n or-nightclub !.�-.or 2�family dwelling ...siness offi.ce.
429 D MUlti-farni y,dwelling 615 C) Electric generating plant,
6 ta' h)ol.'ot kindergart;
213 Elemen rysc,ic 435 [1' Roomingiboarding house. c� 0, Laboratoty/sclek.elfab
215: 'hool:' uril hi h
g. ..sc op _9_ t:motel 7,b6 ,Wnutkit,6iring plant
24,1 E3 Hi h 449 0; Cbmirnercial h6tefb
'611egtiidult ed. 'd' d:'caee�
midential bi 8,19 [1 Livestbbklob6itryMorage(Wirri)
.459 Re oar an
arelacility.
0 f -for the qg6d 464 Dibirmlfi W6 k
882 Noh'-rdsid6n,ia,,par ng garage:
H s arrar,s� ki
.0 pitall; 519, [1 Foodpiricfvt* " ' I s� 891 -war use
ygrage:sa e
Oilt
06 [1: Vacant lot 0 C611stru n site.,
r � I p6tio
Flayoround,'.6 park� 08 0 .6rad4cared.for plotoi land 984 [3: Industrial,plant:yard
6W. t3. Ctdpso' r-or'.'char'd
*'
669 Forbst:(timborland)
u -oor:k �61r Q Railroad right of way
807. D. td s.prage area
960 0' .0therstreet Look up.e'rid enter a
,sl§ D ".13 i6nitiiy landfill Propert�.Use
961 Hio'hway/divided.highway, prop;edj U.06 code only ff
931 5 Open,(and �you have NOT cbecked a
9612 [3 R601detitlitil s.te drivewa e-ly.:U�e bo'
�rop
y -V* t A
K
retv. F_
�n
iv
g en
n
.A290428: EXP Q.,, �114127,qQsi :PA,6t 1_OP 2
HYAN../� tIRE'D,&:PAW�1ENT MFIRS,13�PPWT
rXi I PV6�Ll_I-/yj j
tocal0pli.on
;inessnam6--(,Iao,,l 10� Phone Number.
TI Chei*,this.hox If
smweddreii.ai lJohn' 1'H Icrow 11
incident locatiori Mr,Ms:,Mrs. First'Name Suffix
Then skip th0hree
d Fn 1 74 z0u n&
u.P.00te address.,
Nunr�ber/Milepost �Prafix. 'Streell"or 1-hoh.way Streel.Tyoe�: Suffix
rl
A
Post office Bqx
'State Zjp�.Cbde
[:]-Morep p 'I l6vol 7 Che k this b d tt h 5 1 (N IR
pop e ved ox an, a ac -UPP emental Fqrrns F $A,$)os�necessary-
=__KOwner 'Same as person irvNotveKP
2 L&Zl QPW l6e rest o^f thli,se'dfio'n
BusinesspereTiapplica 10 P N m
hona_u.bet.,
0 Chea(his'box-if lJohif
same addressas [H.
:Last Name,
incident b6iti6h Mr., Mrs... First.Name M I
Pien skip'llialthree
duplicate P(Wess, 14 endezouslarie�
.Fines.
I ]R
NUmber/Milepost Prefix� Slreetw:Hiqh,,y:, iSti6et TOO S;uffix
Past Office Box !Npl./Suite/Ftoorn city
MA' Q2039
State zip Code
Rernarks�
Loml 0�fion,
C6 hl box,and::
m_ kt .. eck"! s attach Supplornenthl',F�rnls
,.T!4.A- MOST ALWAYS.BECOMPLETEDL More,re ar
(NPRS4,S).,as necessary.
Aulhvrizaiiion
L.'Melanson ef Sup '14 �20K
pffreffok)oaroop §01aturef plokfion�a iahkl Assigne6ed Wkinlh
in
D:
0 V-0 2-, JRobeallennessy., Lieutenant suppressiorfl,L��LjA]
rotierrhWhv"Jol SibratUr& Position ourank Assipment Moth UaY,
,�29V4;M
L I TY-A UGH ROAD/RGUIE:131 06-74487'
-P 91P
HYANIVIS'FIRE DEPART-MEN-t- MFIRS:RE#6'RT
A D bel6te;
0."022. MA 5114/20"' 00,t 'A29,04,28 t I �[ I I
11 Qhangp. ISUpplemenistal i
FDID Incident Date Station Inddent umb&r Evosuf—
N
K, Pe!�;qn/Eritity)fjvolVed:
-22
LocafOption 1�7951
ass narn b -Phone Number,,
Busin qffl applica le
0 1,01 L r
Check,thls�4oxff� Sohn
same addmss,as
incident loc�atiom,, Mr,Ms�,Mrs.. Fir�t Name
suffix
du qaoieO. 74 IRqrtdez�4� lane,
RumberiMilepost �Prefiv �Street or Highway" Strobl TYPO -SUffix
n
Post Office Box "SUWROOI�i C
................-
Stole zip'Pode
K� Peeson/Entityinvolved 15 -17TI-63
000 potiton 08 60
name(Capolicable), Phone Number
Store- N141faact,
Md�thls bb�N
jok iprptiz
same addmia's` -,--] HIT
ineicient locatior, MI Lbsti,Nsrbo
=1Then s,kjpAhe,threo' I yAnO h.Road
7te addrm
Nu6W/M!e*t Prefix,: Streelorl-fighWay (wel Typo SUM
R-N, hy.qnni's
Pdst.officwBox, Apt/80ile/Ro, city
Stole Zip Code
K PersorVfEiitity lnvolve�d '1�'08-862
3. Lo-cal,Opti I on -4644�
Bueiine
uname(I.applipoole). Phone Number
0. Check t this�lpox',� C`YWW4� IH M4rt4i
same�oddress Jos
:incid6nt to6atidrC' M,r,,Ms.,Mrs. First Name _M 1. Lest.N.amg. suffiy,
Thlar�skip ihejhlred�
d
gp.lj�.te afte�s' '200 L; Ain Stmef
__,_]
Nuirnbbr/Milepost pidxr' iStreet or Highvk*, ;Street Tqpo �Zuffixv
I I 14yannis
Post O'MqG.BOx'. Ap Roo
t�Suitel M.
M&
State zip-co�q
Fe!sWEntity Involved
4
S,p -Rome(ff applicowo)
�j3 P Ahal�M �Bu in�s'
V"Check Ih's box.1 [Robert.: Murphy
t Me. dro�' IHI
First Namo MI WMarne Suffix
incident lopatiqn.
Then''skip the three.
clup!�catO sO��� :
Y,;�110,.U'&'Road'
Numbarvilepost Prelbe Sjrbet'or H#way
[Hyannis:
Post Offit6ftx Apt:/Suitefflbom City,
State 70 Code
A2.90426 -,f A. FS- C 5114120,09, HYANN� FIREDEPT V
0ge�YT 7
P
Ll A' Si 0 Ej Delete _..NF1,RS - 1S 11
'0- 5/14 00"! :L 9042 :1
�IM61 W0_9 2 C
t., lnooentzP�te� ziation 0: hah JS Li 0 ornental
Inc ;m�er PN
4"
UJA IV
�K-2� �kemark,s� ANNOUGHWAW ROUTE 0248674481
--- ........
'ji -771�5360) an employee at: oad who
[Fe7c, 'ved a call -froni:X-aren (508 Curfi�berland Tarrnsi I f1i 1 1, h R
yannoug,�
reports a 'gasoline-.ledk at,.pump 1.4-,of inore,'than 2. �5,; vvith,Lt., 14ennessy,,,FF
gallons'.. Response was.P-4
Standish (II)OVO),
_,flF. LaMothe ,,&-17F Dbiler't-Y
on arr wai..1, 14 h A.' h� ohn
ribiided a,signilfcant gas6li -,oMjh`g' from the" area.of,pum
Ppe. e,__� c Jng�into t�6, sp
_ p
drain had been already di ed. by .the..8 Zrriva
k tore manager,-(J4;;:Tiet.ouz) i�ribr to ,'our I
Furiber �fnve.�.tig�ai-io.n,-revealed� the. leakwas originati gJrom a 2'0.04,%GMC:F_riv.qy.. k
n par ed at,purnp 14;
��i ' ' fflat -,to,-iii'idigate,-the,-:spjlj,-4nd-a ociated-haza ds�_W;C_u d
S,$ T
pie, —
off all area.around the spill,Aft6xxeib�bvih .11 vgbidlp*_1h, th6 :aff�cted �A di ap''I- d
r�qa. W_p.,imme, iatel" '
pliel., pj
water to, -is much of the affe-cud.ar"'a as poss, ible 'and,began to.a ,ply' speedy ArVfd, lu�jp:in bbntalning the
leak, and,f6r-tifiedt-he dike. arounrdt.he,s I torm�-drain; Closed of.::entranc-e �onl Rt f 12,to traffic,into, t,lie
spill area.
m It,on oti fy 11 " tl B d ofHdAlth.. Dep ,sq; Ar. i Q
NOO,fidd F�ire , Duty Offic r�,,�ks. w qs ie
AtAt '' .. P _. � u.ty, M I fved,092
e h rep. , Q
houm and Board of H Alt, ynthia,Manin 'arrived on location 0,925 ho
Ors.
Spoke W..the-Store,-Manager J9kTierouz who sfaied,he placed,speedy:dry,in.and around the:storm-drain but.
colu Id n ' -t e if' d h h gaspline,'had entered -drain, H, with,the. .
s at. sran,, o. w :muC the. estates he has had, conviarsaiion..
cturivexiand Far,ffis' CorporatePfflce *!I Aditifibd1heir-cle
...-aritip con;lpqny
(,cyn :Eriviformfe t 1 1 -s
1 A , I__ T : oll qo�
The vehicle.owner is: aMr,; John% Crowell of'74.k-endezv.cr.us,�L�ane�.8amsiable:\Iiilage
Drive rs ..Lic W 'S8967,1..59.6.:,M-A,rogi-s..'ir..a.tion ,58KR5-8 in # 'l'GiKE'T* 1,6874' '- escri -ion 2004
v
6179527 vehicbe�d pt
v icle w*th.,.,94s IhI6 .a in:front of
y cp' j-py. Gr'e6ri. He.sfat d-that 'hi I h 'fill' h ell
G 41 'w_i,e 'e;was ing: .Is,
A , � 'i.
tigpi d' ' hi t' ' k d t hi- -which time. h t
his-Vihicle notice. a spill ' 6 Ing,,un er is ruq,, 4p,_-go. is!attpntiOh ,a,t
s,opped
filling., I as"ked Mr Crowell ;how lrnuc-h he bac.1 �fill�a "he, produced'Ills g#8 stivi which stated 19' ga 11 lit
stated he.;had�a, .1/4 lank whenbe-arrived, and I cbecke�d :illaterand he;still was showing a -1/4 tank so the
total ia.mountspilled,pri.the.ground was,ix, 19; allons.,Mr. Crowell stated he,:had alread secured a, iow
Tg
"a
Cod M I—& Speed) frprn 13; 6_1 aske&Mr., Crowellif ll 'had anyproblems,la
tely 'with
.his vehiclea 'd h li hal.he had vehicle d A taatHe 1�v t
q .� e.rep ied .,,t- serylicP pril, 2.2 '20.09� 4, t
'911 1..". , 1. _ -lick,P.on In
GIVIC. 'States work 6efforline was to the,fU,- I t' ik
d _e . sensof ipe�anoh,osiz�. Attach d-are ',o" ' s:,bf tl 6
� c pre .., I,
work ordem..Mr. Crowell produced.for us.,
FF St "d` h d,th Widercairia
4p is, � viewe ge: of the vebi Cie. and notip.cd 'that Hie fl,11 pipewas. not corinec'ed to�-the
t
lJ1096,�o.q th'O jahk h of- hv�lj aso�In PIP erp, and A rectly onto,flie, ground.'
uS. n9of t e d the: tiffik asdebosiled i
Dqp,.ut M I itk th hi K&fib Attach d R I *ii4 the ho'sd n t b dadd
y-_ Olanso.R,qq � ph" t f ' ;
os 0 is W�ic P_;,C ear, Y. eing Copp_
Cviithiit Martini from I Board oJtF16,afthvi6wed1 the dexached'Iios:ea� well. Conibleted :8piea ing arop 1 9
d "d pte v
n
ai� to secure,the.hazard;
R-obeft Murph f Mass-D_EP-,.&fiv6d at TO 18'hours. And ufxvMelan§oh ot:him:up�t speed con.the events
g
r, b J th t w 0
that obotred -to,..this. t M' M -jeS el we rofficV6 Various.dra-in' .c vS rsto. tradk.We flo '
urp., y :r,e..qL
this., gasoline,;whicli Acc9n plishod, 604.produa had" S' I e"d intoth.04 othtr.. .Or4i Ib hi K
p pr a. , Ills on _1 P property"wJ11C
are,,.lim ted 'to the property iorily.'store.Mii!:'could no-t Prodi ice� any dirawin d" la � A T'th
gs .iii, icating the
yqu�_P,. q
drain sys-tem. Vebicle� was-,removed by::t'ow com.pany� without.incident..
Mrv,,i Keith'Robinsbjh'of AECOM fo.f ipyn Eiii.vj onrnent�i ServiCes, -the
.6,7�03�5�90 the
d I— k lana' h�' ad isod
,om prl'uth ,etTand Farms�,a ive 9' d t,
rr h.. spQ, ;e P, the St-ore.N. ,
gpr w ,o� y us[
t
''lly from D U. ' Dearriving.:in WrOX. 1-2 hopi�§.
and Mr. 'R10beri, Murp ER tha�C��.i.i wo.. ld b
61 an see if he required Our;services: any,further
qpp .; M son:sp
n4 ,6ketoDEPkepMr,.' urphy,,.checking.tto ;
And he*st4to he_w. 6 all..set" ai.id Js,rp'in _.;.:�:: on pc i il BO 'of-Health ;rep.Ms., Mart in and
aining I a4o .. wlthl ard.
N bi M I(, arrival of the G1
lf.�Ro -ills Of�LF
e
coip
Car:8�.02 and:E-.9�,' cleared.and returned at I 1.,�24
Al
R.,:Hen hi'e'ss 5/l4/Z0_09:
e
.. ........
�XP,."01;:5/.j41,,QQ9. HYANIVIS.-FIRE,DEPARTMENT NFIR5,R,Epop.
Ilk
w
lot z7a,
y
'Z�Y
g On an j"q
1.4
ON-
-took
MoW
27
My.
MON." two
"M
no,AM R
W-Wo
w.-o
1�T7
M7 ig�g
(JAW
0. V
;PPAN;Ag
vi.�ggl :tj
x a- IE
Q
xs
44
REM
W
J� c
to
Zl
A4`
13ATTU
Q4
X ll�l
�--mow"1175"M4,�.
ne
N
Nj
"W-,,gg
12
gi
'Vj�rMl-,
RIP
�a�Z� Z-
11.kol
Wi
01,
�154Wx
knf
-SE
tt
-R,
�7q
4- gg
MORE`
(,A Alzi-
jl� UP
z-Nk- ww -s�'M�N I- vk'
3t.,
Aw
MRS;
MRI
TIRE-
. .................A.".
..........
...... .....
WORE pop
.-HP,
Rol ON E w
4 lot
pomp, 1
A not
!"No
.........................
AECOM
Attachment D
Photographic Log
\\ussgmlfpOOI\jointdata\0052\Projects\P20(2000-2999)\2140
Curnbedand Farms\MA\Hyannis-252(lyannoughRd)\RAO\Class A-1
RAO Hyannis DRAFT(LR).doc
AECOM
AECOM PHOTOGRAPHIC LOG
Client Name: S te Location: Project No.
Cumberland Farms, Inc. 1171 Iyannough Road, Hyannis, Massachusefts 02140-252
Photo No. Date:
.0
5/14/09
1;N0
v 1
Direction Photo ga oO
Taken:
4
Looking west
A
z' %
Description:
View of RAO area.
%
Z
;%
ewn
f I
"A
T 4 "J, 4"*^'
44F v"O'k
A
"J, W
'41 Ak
41�1'�"
z7
Photo No. Date:
5/14/09
2 K��ftZ TL
Direction Photo
'rA
Taken: 4k
Looking west
44
4
"A"-w
A
4W.
Description:
View of Dispenser#14
4h My
and spill area covered
'AM '21
with Speedy Dry.
w,4
�"7Y
W g'�
7
lit
j
4
4
Z�
WIN
A jm
EC
Photo No. T—D-a-te:
5/14/09
Direction Photo
2-,
A, Fv
-',T-W44
Taken:
NA
Z"-
z Ux
Description:
View of impacted catch -
basin prior to being
cleaned out.
A "I*-,S11,
A
51?
FI
4W-*N,
AECOM
Attachment E
Waste Manifest
%\ussgmlfpool\jointdata\0052\ProjectskP20(2000-2999)\2140
Curnbedand Farms\MA\Hyannis-252(lyannoughRd)\RAO\Class A-1
RAO Hyannis DRAFT(LR).doc
NON-HAZARD us 1.Generator ID Number Page 1 of 3.Emergency Response Phone 41.Waste Tracking Number
WASTE MANIFEST I r,0 p (800)8W)-io-38 44
17 71
5.Generato(s Name and Mailing Address Generator's Ste Address(if different than maiiWddreA)Y
C'UMME-Ti'LAND FARM$ All
1 ,,J-7
T/7 DEDRAM 81'
GAMMON W.A. OMI'N
Generator's Phone, 4f tj(-)
6.Transporter I Company Name U.S.tFrAICNumber
C YN 0,11..CORPOR AT NON M A 1) 0 11 f) 3 7
7.Transporter 2 Company Name U.S.EPA ID Number
8.Designated Facility Name and Site Address U.S.EPA ID Number
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Facility's Phone: 5'1 V 445.4W N t4 ft 0 0 '7 A 7 7
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14.GENERATOR'S CERTIFICATIOW I certify the materials described above on this manifest are not subject to federal regulations for reporting proper disposal of Hazardous Waste.
GeneratDfs/Offeroes Printed/Typed Name gigniatyria Month Day Year
t
zi 15.International Shipments A.,
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Transporter Signature(for exports only): Data leaving U.S-
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17.Discrepancy
17a.Discrepancy Indication Space D Quantity El Type 11 Residue El Partial Rejection 0 Full Rejection
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>- 17b.Afternate Facility(or Generator) U.S.EPA 10 Number
Facilitys Phone:
UJI 17c.Signature of Alternate Facility(or Generator) Month Day Year
Z
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18.Designated Facility Owner orOperator.Certification of receipt of materials covered by ft manifejex6eptas noted in Item 17a
Printed/Typed Name Signature Month Day Year
169-BLC-0 6 10498(Rev.8106) copy..-
PI SO print c)or Oe.(Form designed for use on elfte-,(,12-pitch)typewriter) Form Approved.OMB No.2050-0039
UNIFOMIMNAZARDdUS 1.GeneralorlD Number 2.Page I of 3.Emergency Response Phone 4.Manifest Tracking Number
WAS-rEMANIFEST 0
04968031 JJK
5.Generatds Ngme and Mai i g AddreSr,,,,4 Generatoes Site Address(if different than mailing address)
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S.Designated Facility Name and Site Address U.S.EPA ID Number
CYN OIL CORPORAMON
11771 WSHINGTON ST
STOLJOHTON.MA.0202
Facility's Phone:
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9, 4b.U1 WD"cription(including Proper Shipping Name,Hazard Class,ID Number, 10.Containers III-.Total 12.Unit
HM and Parldrig Group(If any)) No. Type Quantity Wtivol. 13.Waste Codes
09.STATE REGULATED WASTE OILY SOUDS.(Nori-DOT,
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14,.Special Handling Instructions and Additional Information
OILY SOLIDS.
15, GENERATOR'SIOFFEROR'S CERTIFICATION:I hereby declare that the contents ofthis consignment are fully and accurately described above by the proper shipping name,and are classified,packaged,
marked and labelediplacarded,and are in all respects in proper conditlon fbrtransport according to applicable international and national governmental regulations.If export shipment and I am the Primary
Exporter,I ceriffy that the cont ants of this consignment conform to to terms of the attached EPAAckinawledgment of Consent:
I certify that the waste minimization statement'identilied In 40 CFR 262.27(a)(if I am a large quantity generator)or(b)(ffl am a small qua 23��Iue.
Generato>wm(s Pdntedffyped,Nam Signature"% 00, Month Day Yea r
A.t
=J 16.International Shipments
11 Imp4-U.S. Export from U.S. port
Transporter signature(for exports only): Date leaving U.S.:
ce i,;,TransporterAcknowledgment of Receipt of Materials
LU
Transport Yped Name Month Day Year
0 --1/y I
1L - W IS
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2]Transporter2 ftted Month D y
18 Discrepancy
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Manifest Referera Number
J 8t,Alternate Facility(or Generatoll U.S.EPA ID Number
.4, Fclitys Phone:
LJ 18a SignatVre of Altamate Facility(or Generator) Month Day Year
Z
0 1 19.Hazardous Waste Report Management Method Codes(La.,codes for hazardous waste treatment,disposal,and racyrAing systems)
-T. 4.
20.Designated Facillty Owner or Operator:Certification of receipt of hazardous materials covered by the manifest except as noted in Itern 18a
Phritacgype Name Signature Month Day Year
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY & ENVIRON 1UNIA! A_1P_WA RS
DEPARTMENT OF ENVIRONMENTAL PR
I OY
SOUTHEAST REGIONAL OFFICE P
20 RIVERSIDE DRIVE, LAKEVILLE, MA 02347 508-946-l!i700
DEVAL L.PATRICK IAN A.BOWLES
Governor Secretary
TIMOTHY P.MURRAY' LAURIE BURT
Lieutenant Governor Commissioner
URGENT LEGAL MATTER: PROMPT ACTION NECESSARY
May 20,2009
Cumberland Farms, Inc. RE: BARNSTABLE—BWSC/ER
100 Crossing Boulevard 1171 Rt 132, Hyannis
Framingham,MA 0 1702 RTN#4-21939
NOTICE OF RESPONSIBILITY
M.G.L.
a-21E,HO CMR-40.000.01.
ATTENTION: Christopher Johnson
On May 14, 2009 at 10:00 am the Department of Environmental Protection ("MassDEP") received
oral notification of a release and/or threat of release of oil and/or hazardous material at the above referenced
property which requires one or more response actions. A surficial release of nineteen (19) 'gallons of
gasoline occurred at the dispensing island of the Rt 132 Cumberland Farms service station. The release
reportedly occurred as a result of a misconnection between the vehicle gas tank andifill pipe. Product
was released to the apron and migrated into a catch basin connected to an on-site leachi'ng netN6ork.
The Massachusetts Oil and Hazardous Material Release Prevention and Response A6t-',:, M:G-.L.
C, Z__7
c.21 E, and the Massachusetts Contingency Plan (the "MCP"), 3 10 CMR 40.0000, req�iie the performance
I cl�
of response actions to prevent harm to health, safety, public welfare and the environmunt which 9-iay result
from this release and/or threat of release and govern the conduct of such actions. The li pose of1h,is nc&e
is to inf6'rm you of your legal responsibilities under State law for assessing and/or remedi iting thereleareiat
this property. For purposes of this Notice of Responsibility, the terms and phrases usec herein'shall ?a;ve
the meaning ascribed to such terms and phrases by the MCP unless the context clearly ind cates ot@rwi5'e1
MassDEP has reason to believe that the release and/or threat of release which has been reported is
or may be a disposal site as defined by the M.C.P. MassDEP also has reason to believe that you(as used in
this letter, "you" refers'to Cumberland Farms, Inc.)are a Potentially Responsible Party(a "PRP")with
liability under M.G.L. c.2 I E§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.2 I E§5. This liability is also"joint and several", meaning that you may be liable for
all response action costs incurred at a disposal site regardless of the existence of any other liable parties.
This information is available in alternate format.Call Donald M.Games,ADA Coordinator at 617-556-1057.TDD4 866-539-7622 or 617-574-6868.
DEP on the World Wide Web: http://www.mass.gov/dep
Printed on Recycled Paper
2
MassDEP encourages parties with liabilities under M.G.L. c.21E to take prompt and appropriate
actions in response to releases and threats of release of oil and/or hazardous materials. By taking prompt
action, you may significantly lower your assessment and cleanup costs and/or avoid liability for costs
incurred by MassDEP in taking such actions. You may also avoid the imposition of, the amount of or
reduce certain pen-nit and/or annual compliance assurance fees payable under 3 10 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.21 E 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. MassDEP encourages you to take
any action necessary to protect any such claims you may have against third parties.
At the time of oral notification to MassDEP, no response actions were approved as an Immediate
Res ponse Action (IRA). Subsequent coordination with the Licensed Site Professional (LSP)-of-Record
resulted in the approval of the following IRAs:
Removal of gasoline impactedwater and sediment from the catch basin and settling tank.
Recovery of expended Speedi-d.ry and assessment of the extent of the release.
'All Remediation Waste must be properly-stored/handled and disposed of within 120 days
from the date of generation per 3 10 CMR 40.003 0.
ACTIONS REQUIRE
Additional submittals are necessary with regard to this notification including, but not limited to, the
filing of a written IRA Plan, IRA Completion Statement and/or a Response Action Outcome (RAO)
statement. The MCP requires that a fee of$1,200 be submitted to MassDEP when an RAO statement
is riled greater than 120 days from the date of initial notification. Specific approval is required from
MassDEP for the implementation of all IRAs pursuant to 3 10 CMR 40.0420 and 3 10 CMR 40.0443,
respectively. Assessment activities, the construction of a fence and/or the posting of signs are actions that
are exempt from this approval requirement.
In addition to oral notification, 3 10 CMR 40.0333 requires that a completed Release Notification
Form(BWSC-103, attached)be submitted to MassDEP within sixty(60)calendar days of May 14,2009.
You must employ or engage a Licensed Site Professional (LSP) to manage, supervise or actually
perform the necessary response actions at this site. You may obtain a list of the names and addresses of
these licensed professionals from the Board of Registration of Hazardous Waste Site Cleanup Professionals
by calling (617) 556-1091 or visiting http://www.state.ma.us/isp. MassDEP has Christopher Mariano as
the LSP-of-Record for this release.
Unless otherwise provided by MassDEP, potentially responsible parties ("PRP's") have one year
from the initial date of notification to MassDEP of a release or threat of a release, pursuant to 3 10 CMR
40.0300, or from the date MassDEP issues a Notice of Responsibility, whichever occurs earlier,to file with
MassDEP one of the following submittals: (1) a completed Tier Classification Submittal; (2) an RAO
Statement or, if applicable, (3) a Downgradient Property Status. The deadline for either of the first two
3
submittals for this disposal site is May 14, 2010. If required by the MCP, a completed Tier I Permit
Application must also accompany a Tier Classification Submittal.
This site shall not be deemed to have had all the neces*sary and required response actions taken
unless and until all substantial hazards presented by the release and/or threat of release have been eliminated
and a level of No Significant Risk exists or has been achieved in compliance with M.G.L. c.21E and the
MCP.
If you have any questions relative to this Notice, please contact Robert Murphy at the letterhead
address or at (508) 771-6088. All future communications regarding this release must reference the
following Release Tracking Number: 4-21939.
Very truly yours,
Daniel Crafton,Acting Chief
Emergency Response/Release
Notification Section
C/RCM/re
ER RTNs\4-21939 Barristable 1171 Rt-132-cumbies-releaseW2-1939 Barnstable 1171-Rt 132 cumbies-release Cumby-
NOR.doc
Attachments: Release Notification Form; BWSC-103 and Instructions
Summary of L'iability under M.G.L. c.21 E
MassDEP's guide to hiring a Licensed Site Professional.
cc: Board of Health
Board of Selectmen
367 Main Street
Hyannis, MA 02601
Fire Dept.
95 High School Road
Hyannis, MA 02601
John Crowell
74 Rendevous Lane
Bamstable, Massachusetts 02630
COMMONWEALTH OF MASSACHUSETTS
V-P A
EXECUTIVE OFFICE OF ENERGY & ENVIRON 149-NT A;- --_. RS
DEPARTMENT OF ENVIRONMENTAL PRO reopy
SOUTHEAST REGIONAL OFFICE
20 RIVERSIDE DRIVE, LAKEVILLE, MA 02347 508-946-2700
DEVAL L.PATRICK
Governor IAN A.BOWLES
Secretary
TIMOTHY P. MURRAY LAURIE BURT
Lieutenant Governor Commissioner
URGENT LEGAL MATTER: PROMPT ACTION NECESSARY
May 20,2009
John Crowell RE: BARNSTABLE—BWSC/ER
74 Rendevous Lane 1171 Rt 132, Hyannis
Barnstable, Massachusetts 02630 RTN4 4-21939
NOTICE OF RESPONSIBILITY
M.G.L. c. 21E,310 CMR 40.0000
Dear Mr. Crowell:
On May 14, 2009 at 10:00 am the Department of Environmental Protection MassDEP") received
oral notification of a release and/or threat of release of oil and/or hazardous material at the above referenced
property which requires one or more response actions. A surficial release of nineteen (19) gallons of
gasoline occurred at the dispensing is,land of the Rt 132 Cumberland Farms service station. The release
reportedly occurred as a result of a misconnection between the veh icle gas tank and fill pipe. Product
was released to the apron and migrated into a catch basin connected to an on-site leaching network.
The Massachusetts Oil and Hazardous Material Release Prevention and Response Act, M.G.L.
c.21 E, and the Massachusetts Contingency Plan (the "MCP"), 3 10 CMR 40.0000, require the performance
of response actions to prevent harm to health, safety, public welfare and the environment which may result
from this release and/or threat of release and govern the conduct of such actions. The purpose of this notice
is to inforrn you of your legal responsibil'ities under State law for assessing and/or remediating the release at
this property. For purposes of this Notice of Responsibility, the terms and phrases used herein shall have
the meaning ascribed to such terms and phrases by the MCP unless the context clearly indicates otherwise..
MassDEP has reason to believe that the release and/or threat of release which has been reported is
or may be a disposal site as defined by the M.C.P. MassDEP also has reason to believe that you(as used in
this letter, "you"refers to John Crowell)are a Potentially Responsible Party(a"PRP")with liability under
M.G.L. c.2 I E§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.2 I E§5. This liability is also "joint and several",meaning that you may be liable for all response
action costs incurred at a disposal site regardless of the existence of any other liable parties.
This information is available in alternate format.Call Donald M.Co..,ADA Coordinator at 617-556-1057.TDD#866-539-7622 or 617-574-6868.
DEP on the World Wide Web: http://www.mass.gov/dep
Printed on Recycled Paper
2
MassDEP encourages parties with liabilities under M.G.C. c.21E to take prompt and appropriate
actions in'response to releases and threats of release of oil and/or hazardous materials. By taking prompt
action, you may significantly lower your assessment and cleanup costs and/or avoid liability for costs
incurred by MassDEP in taking such actions. You may'also avoid the imposition of, the amount of or
reduce certain permit and/or annual compliance assurance fees payable under 3 10 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.21 E 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. MassDEP encourages you to take
any action necessary to protect any such claims you may have against third parties.
At the time of oral notification to MassDEP, no response actions were approved as an Immediate
Response Action (IRA). Subsequent coordination with the Licensed Site Professional (LSP)-of-Record
resulted in the approval of the following IRAs:
Removal of gasoline impacted water and sediment from the catch basin and settling tank.
Recovery of expended Speedi-dry and assessment of the extent of the release.
All Remediation Waste must be properly stored/handled,and-disposed of within 120 days -
from the date of generation per 3 10 CMR 40.0030.
ACTIONS REQUIRED
Additional submittals are necessary with regard to this notification including, but not limited to,the
fili ng of a written IRA Plan, IRA Completion Statement and/or a Response Action Outcome (RAO)
statement. The MCP requires that a fee of$1,200 be submitted to MassDEP,when an RAO statement
is riled greater than 120 days from the date of initial notification. Specific approval is required from
MassDEP for the implementation of all IRAs pursuant to 3 10 CMR 40.0420 and 3 10 CMR 40.0443,
respectively. Assessment activities, the'construction of a fence and/or the posting of signs are actions that
are exempt from this approval requirement.
In addition to oral notification, 3 10 CMR 40.0333 requires that a completed Release Notification
Form (BWSC-103,attached)be submitted to MassDEP within sixty(60)calendar days of May 14,2009.
You must employ or engage a Licensed Site Professional (LSP) to manage, supervise or actually
perform the necessary response actions at this site. You may obtain a list of the names and addresses of
these licensed professionals from the Board of Registration of Hazardous Waste Site Cleanup Professionals
by calling (617) 556-1091 or visiting http://www.state.ma.us/]sp. MassDEP has Christopher Mariano as
the LSP-of-Record for this release.
Unless otherwise provided by' MassDEP, potentially responsible parties ("PRP's") have one year
from the initial date of notification to MassDEP of a release or threat of a release, pursuant to 3 10 CMR
40.0300, or from the date MassDEP issues a Notice of Responsibility, whichever occurs earlier, to file with
MassDEP one of the following submittals: (1) a completed Tier Classification Submittal; (2) an RAO
Statement or, if applicable, (3) a Downgradient Property Status. The deadline for either of the first two
3
submittals for this disposal site is May 14, 2010. If required by the MCP, a completed Tier I Permit
Application must also accompany a Tier Classification Submittal.
This site shall not be deemed to have had all the necessary and required response actions taken
unless and until all substantial hazards presented by the release and/or threat of release have been eliminated
and a level of No Significant Risk exists or has been achieved .in compliance with M.G.L. c.21E a:nd the
MCP.
If you have any questions relative to this Notice, please contact Robert Murphy at the letterhead
address or at (508) 771-6088. All future communications regarding this release must reference the
following Release Tracking Number: 4-21939.
Very truly yours,
er"
Daniel Crafton,Acting Chief
Emergency Response/Release
Notification Section
C/RCM/re
ER RTNs\4--21939 Baffistable-147 1Rt]32 cwnbjes re]66se\4-21939-Bdmstable 1171 Rt 132 cumhin releme'Crowell—
NOR.doc
Attachments: Release Notification Form; BWSC-103 and Instructions
Summary of Liability under M.G.L.c.21 E
MassDEP's guide to hiring a Licensed Site Professional.
cc: Board of Health
Board of Selectmen
367 Main Street
Hyannis, MA 02601
Fire Dept.
95 High School Road
Hyannis,MA 02601
Cumberland Farms, Inc.
100 Crossing Boulevard
Framingham, MA 0 1702
NOTES TO THE FILE
Date: May 14, 2009
Location: Cumberland Farms
1171 Route 132
Hyannis
RE: Gasoline spill
Inspector: Cynthia Martin
Hyannis Fire Dept.: Deputy Chief Melanson
Lt. Hennessy
Fire Fighter Doherty
Fire Fighter Lamothe
Fire Fighter Standish
Cumberland Farms: Jak Tierouz, Manager
Richard Boyle, Regional Sales Manager
On May 14, 2009, a gasoline spill occurred at the above address. I arrived on site at
approximately 9:45 a.m. The Hyannis Fire Department was on scene and had taped off
the gasoline pump island and spread adsorbent material on the spill. The gasoline had
reached a catch basin where a sheen was observed and vapors note. Further investigation
of a holding tank and on-site leaching pit also revealed a sheen and gasoline vapors.
The spill was caused by a customer pumping 19.164 gallons of gasoline into his vehicle.
The rigid fill pipe was not connected to the gas tank. The Fire Department took photos of
the fill pipe connection at the tank prior to moving the vehicle. It is assumed that the
entire 19 gallons were spilled on the ground as the gas tank needle indicated less than
one-quarter of a tank of gas (when started by the Fire Department), the same as it read
prior to pumping. The owner of the vehicle, a GMC Envoy, was identified as John
Crowell of Barnstable.
Robert Murphy of the Department of Environmental Protection was contacted by Deputy
Chief, Melanson and responded to the spill. Upon review of the situation Mr. Murphy
issued a Response Number to the event.
Keith Robinson, a Field Technician for AECOM, responded to the spill and initiated the
physical clean-up of the spill.
CumbedAnd Ulf
Richard Boyle
Regional Sales Manager
G
Cumberland Far ms,In c.
393 West Main Street,Hyannis,MA 02601
Phone:800-452-0333
Fax: 401-934-2670
00
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-74
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Town of Barnstable
OVIKE T Regulatory Services
Thomas F. Geiler, Director
Public Health Division
BARNSTABLE, Thomas McKean, Director
MASS.
39, 1 200 Main Street, Hyannis, MA 02601
0 ��
Phone: 508-862-4644
Email: health(a-)town.barnstable.ma.us
Fax: 508-790-6304`
Office Hours: M-F 8:00 — 4:30
May 5, 2009
Cumberland Farms Inc.
777 Dedham Street
Canton, MA 02021
To Whom It May Concern:
�o C�IOIP�
RE: Underground Storage, Tank Remc
Order, 1165 Iyannough Rd., Hyar
Map Parcel 273082
Tank # 5, Tag # 00857
The Barnstable Public Health Division is in receipt of a faxed :copy of the tank removal Al
Permit #02189 issued by the Hyannis Fire Department demonstrating that the above referenc
underground storage tank had been removed in calendar year 2002.
The Public Health Division appreciates your attention to this matter and has updated its data base to
reflect this fuel tank status change. Should you have any further questions please contact Cynthia Martin of
this office at 508-826-4645.
aTh c ea , S, CHO
Director of Public Health
Town of Barnstable
Regulatory Services Department
Public Health Division
200 Main Street, Hyannis MA 02601
Office: 508-862-4644 Thomas F. Geiler, Director
FAX: 508-790-6304 Thomas A. McKean, CHO
TO:
Cumberland Farms Inc.
777 Dedham Street
Canton, MA 02021
RE: Underground Storage Tank at:
1165 Iyannough Road/Route 132
Hyannis, MA
Date: April 1, 2009
E'i:"0UIV
Map Parcel: 273082
Tank NO: 5
Tag NO: 857
Our records indicate that your underground fuel (or chemical) storage tank is over 20
years old, and has not been removed as required by section 326-3: subsection 2 of the
Town of Barnstable Code regarding fuel and chemical storage systems.
You are directed to remove this tank within sixty (60) days from the date of this notice.
After your tank is removed, please furnish this office evidence in the form of a permit
from your local Fire Department within ninety (90) days of the receipt of this notice.
You may request a hearing provided a written petition requesting same is received by the
Board of Health within ten (10) days after this order is served.
Per Order of the Board of Health
Thomas A. McKean, RS, CHO
Health Agent
Barnstable
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2007
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7 77 Dedham 5t.
Canton, Ma 02021
Phone: 800-225-9702
Fax: 791-830-4046
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wg wv,k ondo/&rioV eei<w4w -- qyacwdoj�m prow:• aa-n
- APPLICATION and PERMIT
•s io—nge tank Pomovai and lransportabor► to approved tank di3po3al yard in accordance with the provisions
of M.G_L. Chapter 148, Section 38A, 527 CMR 9.00eappficallon Is hereby made by;
P
P Tank Owner Name lease rill raL7QFir��iy I
o a- t x
r4;:drasa '1 `I ? �_ �_ Idg,�s'>F L9i4h�A/ ilia ado � f • • -
_l5Aflog
.c►1�
61^turo (if epplying for pa^mU
0IFCV Certlltcd Ocher
Tnnk Lcc411an l i.�a�7lDuiis� _ �GQ
Co. at individual
Address
6tanawre (it applying far potwo
0 1KI' Certitted EILSP S _ other.
I 'rank CopoclrY(gellonff) _ �A-&Ar t Sub�lznce lost $1oiod , A&U74 a i i f T
o• �„go+tslo<�a tdiomomr x longll,) X I a� _ l
Remarks / ¢ i L�Jj/✓�(
if— A.0L
`MI IrM3DOrting was(- O r•/ .��...�. �_ 1/�f i
Kvardaui wesle rr>3n1fo5I11 _ E.P.A. A A64D G Sol 30,3 %7�
(an?. Ali$ r i
Qoso, }card � �."T _Tank yard
Typo of Inc -.I Dos ICE Tank yard addtc2�o dr Ar eft RD. ' It _ f'f4 wo
02192
Udto o: Issue Date of eupirat!or.
Dig Sato llpgroyal number: emu" Olg gale feu Fflo Te: Ku u• 60O`3aa�at�
e "H tANvll%,t FREVE.
DEPARTMENT
-
R ns,�m Ttllr of omcereranbrl!' �.�E D - --
':cr �r;3oY�1{a rcordumtpliro the 1wWU` % 4W Form FP-Mn abr4d by lapel Frre OwK to V8T PWsWelery
r,�nnplleltCa t7n r Cne pittpunon Plsvr#; Room 13f0. Boston; tW1Oxt0t' APPLICATION MUST BE FILED AT ITAST
'lnlemmllotyl fire Dade iralhvta 24 HOURS PRIOR TO TANK REMOVAL
-r.�ea{,mwrd4gr) CONTRACTOR MUST CALL DAY JOVAI.
',�A,1�i:S .LIST ON OTNSR SIDE. WITH1lPPR0]CIIIATE iIltE�l �
II/Z0 39Vd icin iSN00-30NVI-1dW00 9b0b0E8I8LI It7:9I 600Z/LZ/b0
7-7-Readville, MA 02137-
APPROVED TANK YARD NO. —Tank Yard Ledger SM CMR 3.'03 (4) Number -:: 406v
I Certify under ally of I he" pergonally lned the underground steel storage lank dethwed to WS 'WrOved tank yae by lien, corporation or
ppsdnershl and accepted same In confwwce with M&wachumb Fire Prevention Regulation 502
CMR 3.00 h gl UrtaeTrixind Steel Storage Tank diamniling yaMe. A valid permit was issued by LOCAL Head of FireDeParbrient
FDIDN 12t to-triansporitift lank to We yard.
P-0 mowM,* POO -W,
14
St TURF TrMF DATESIGNED
This signed receipt of disposal must be fidumd to the local head of the fire deportment -pumimltoM CMR3110
EACH TANK MUST HAVE A RECEIPT or DISPOSAL
- ---------------
P"T TANKI=OVKD BROM
cv,31118= Opp glewl-v es
%-fty of Town)
Dateltmeiived
7
iw Pgrtojt#-
SM21 tof ivibable)
7. T"kIIM;*290V #
.6f tkislili Fire
lairdi.,
.... .. 1025 State 1,St4�w; MA J175
re
TT/EO 39Vd ion8iSN00-3DNVI-1dW00 9POPOEBTBLT Tt7:9T 600Z/LZ/V9
Make oppliratlert w1local Fire DepamnerrL
Fire Dspartrneal /etafns ortQlnetapplfeatfon and issues duplicate as permh.Cory
� � • �'QiGI/b t� LC��G ;
��+rsdvl� gf�ao►a �or<tXcas -- �omsd r� ��
APPLICATION and PERMIT Fee:
for storage tank removal and transportation to approved lank cPtsposal yard In accordance With the provlalons
of M.O.I. Chapter 148, Section 38A, 687 CMR 9.00, npplica0on Is hereby made by'
p
Ta I1 awnor Name (plea -to print) iK `a X
Jktaress �%i�i �iEDli� _s�' .fi
t r
M
Addies3 A rp pv 1
Glo %.1
Signolurp (d epplyinq forporm4)
Cenftled 047 Other
Tank location_AeAMGv4 /lfa Q
Lm
Go. a )ndMduel
Address '
Sldnalure f f epplyfnp for porrnttl
D IFCI' Ca IIW 0 iSP i Othar
Tomsk Capochy (galtone) _/a d2M Substa4e last Sloro4l
Tank blmonolono {d;0 Mew x longlhl
y
llalardoua waste rnan➢lo:is _ E.P,/l, 0 ` O .?'.2 3 to % r%
Aparevod tank dleposo: yard _ Tonle yefd It B. I
Typo of Inc1 dal _Tank yard odd►ers -Z?P,,&jt a + RjAQJ, fA,JYA
r. 02191
vFly 0* Town __ FOIOd Z". __�=c ,ul•�
Ualo o: issue _ I%/mil! 2. _ Dale 0 exoral:or
Drp silo Approval nymbur: _ ;� G G�_O �!� qP I Q _ Safo't aN free Te: hu - fi00+32�•4fi4e
��r nst�r� 1 Title et Qificer 9crin � S FIRE PRENERI®N BURSA
Uttar rnatovel(e) (TAw wrr VM, uh bra{
C,ggA nos Unk One Aoltbtllton PLlee.'A
6
'later agoolil FIM 0O k IrollltAe
t!jrm
OE FP.2WR 01aW by local Fie DIAL W UST A04lllolory
*PPLICATION MUST 8E FILM AT LEAST
24 HOURS PRIOR To TAwK pjMVAL
CONTRACTOR MUST CALL iaq„,�AOVAt.
f�f TiZ u �ODO1�Yta�. �� .__
TT/b0 3DVd
10f diSN00-30NVIldW00
9b0b0E8T8LT Tb:9T 600Z/LZ/b0
'H
...........
'3�
RECE9t9T OF In _5 P Q BIAL OF UND STEEL STORAGE TANK
Pblm FP 391
NAME AND ADDRESS OF APPROVED TANK YARD Gont ni Tin
MA 02M
APPROVED TANK YARD NO. — —
_Tank Yard Ledger 5MCMR 3.03(4)Number.
I wnlfy undo P"alty 01,110 1 ha7ersmV geed the underground steel oUnge IlankidelIvOmd 110 th-19 'Wroved WR yard" by firm, corporalion Or
`76 and accepted same In am
partnerahl b"nanft vAlh Lqaseadwseft Fire Proyandon Regulation 502
CMR 3.00 alo WSleetnq Underground S§Ilqrajjs Tank.clIsManding yard9 A valid permit was Issued by LOCAL Head of Fife DeParkneDepartment4111frtariltv( syord. 7
Wan A a of approved tank y4o owner or VW2u(ho" Npreaertallm.
-7
610NATURE DATE SIGNED
This signed receipt of d1sposal MyAhEjlLjEffld to the local head of the Ire deportment PDID#_ot..,/ V-pursuant 10502 CME 3.00,
EACH TANK MUST HAVE A RECEIPT OF DISPOSAL
4:'
fb
TANK DATA
Sea
• 0%. and Stm*
Previous Contents
moo
Dlsmeter Length(allyerTOW
Date Rftd ed •
r
SYC ftiW"',
OMP
7
I
TT/SO 39VJ iona1SN00-3ONVI-1dW00 9VOVOEMT TV:9T 600Z/LZ/1?0
8�o(V A
Make appilceUon to local Fire pepartrntnt.
Fire 1391)tnment retains origlaol application shd lssuoa dupGeata as permit
.-� - ��/•"�.-"'-•���o r,Je�lacced o �OQ�)6 ��:� ���1�6{ltY�.
APPLICATION and PERMIT Fae:
tar;Iorage tank removal and transportation 10 ppproved lank dlsposal yard In accotdanes with the provisions
' , N!AiA, Chapter 148, Seellon MA. 627 CMA 9.00, appiicaiion Is hereby made by:
7Ts"nk Owner Name (please print) B� .4Afb rl X
ilr!dress U&2 ! tet - �a.y �yA �M
a
e... ryL�---" _
Company Nama o rt
Address LQ ZIA � ,►� ~JqiW&3&C a
ISIonalu►o (it applying forparm;t) 7
D JFCI• Cenllled V Olhcr
Co. or indvadual +
Addeeaa _
419noture (if applytng for ponwh)
O IFCI• t`,ertllloa O Lsp
_.
n Locallon r , %�/% � .+orrice f /rJA A".�r fit f D
C?
Tank'09Nc11y (gahonr) % Subatinca Last 910,ed01
Took Dina t orlslonc (d�artiolor x length) �O
.y.-,-.nor_: _= _ /T—�i! �a�� 1 !r, �R�..�d�>.lLrn'�n.� "�!•Jrl�
t s flin�?�r,ZS19 V I %�O_� Slale Llc. N--�fA G
alnxardwi waste Rtbnttolto
F_,P.A.A
Apprwod lank disposal yamd _ e6�Aii al Tank yard a
•n, . ^ sr••1: Tank yard aaar= $ f vo �• o /JfDY��IF /� 6d/1
Clly' orTc`"r'i j l __........FQ10,6- _�' crn:t•+ v v .
-aTt�.7pprovol RdA►bar: �a� 129 +�i OUR Sure Top freeTt: N • st 9Z2-�64d
i trt t F.��
Sionstum I Thle of Olrcer graMlrtg po"a MY --ter; tiFIREDEPARTMEN�� „
�y,o, e!?�J>t4Y� e�lTott,Ymplhv +ii'f�' %IOl o>t Ut�k iV 'i�lidi krrl FP- M19 sbnad by L=1 Fie VOL {o UST FIj#k jwy
`° _.^:..�;-;�' �>r?t. �� 4�lttvril'laoe.'Aoeen i,10.6aton.�M110210f
7
'
APPLICATION MUST BE TILED AT 1BAST Il1atN„is 24 110URS Piaoll TO TANK itMOVAL
' V2 (M"4" CONTRACTOR MUS1' CALL DAY bVAL
MULTIPLE TANKS LIST Oti OTHER SIDE. WITH APPRO _!tA_'rE
�i ii�i?�' ► � B _ �`i
'll A %�fAHI! w
4
i
ZZ/90 39tid iond1SN00-30NVI_1dW00 9b0b0E8Z8LI Zb:9Z 6002;/LZ/b0
-W--!
OW
ND nEM
:'.,"RECEiPTOFI)ISPOSALOFtINDFRG;WU 31 STORAGE TANK
NX
-;Q,M.w G6ran� evtnr—
NAME AND ADDRESS OF APPROVED TANK YARD .- .,
APPROVED TANK YARD NO. c";* ,1�2r Tank Yard Lodger 5(12 CMR 3.03 (4) Number.
I ceft Und"nally of)vbv I havapillson examined the underground B&Bel slorage tank delivered to M approved tank yard' by firm, corporation or
parinerahip.2 11 and ampled same In conftwmance with Massachusetts. Fire Prevention Regulation 502
CMR 3.00 Pcj,, far Approving U11c'W9Mnd Meal Storage Tank dismarilling yards. A valid permit was Issued by LOCAL Head of Fire Department.
ton
GKI10 this
of approved tprdc owner or oanere Ill
was
sr.MTURr: DATE SIGNED
This signed receipt of disposal must be Fatumed to the 1=1 head of Me fire department FDID# purauent to 502 CMR 3,00.
..--.....EACH .TANK MUST ..HAVE A RECEIPT OF 013003AL
.. ....... ---
. rE!!.
W
w
XAMLDAIA
I OZ402M
Gidlow
PreAM C,'-*-nt=tfts
(4
�rlvdvd.zq-
IDLamder
Date lk"dimd ................
(if avAable)
UOUM;# (Form
COPY
'Diu 10�11iirA& PA BOS
In
f
or
11#e B partiftnt
6
0—M7an ohip WMIM11 to.:
A.,
TT/LO 39Vd iond1SN00-30NVI3dW00 9V0b068T8LT TV:9T 600Z/LZ/t0
i '�ocgq
Make appliesUan to ;local Fire Npartrnent
Rise oepartrnoni retalru origfmal ep/plicefdO�pn and Issues dupticala as Permb.
APPLICATION and PERMIT Fee:
,or,,i!arage unk remGval and transponatien to Approved lank dsposel yard In accordance with the �
provlsions
Chapter 148. Section 38A. 527 CMR 9.00. application is hereby made by.
fianls Owner Hama (plaaso pdnl) 4:04 X
M
^t�rac: , _'% 16HR/'L_fi �°AI►r'lL,�[_A____.%
Company Nerme
6lanptura (;/ applyln9 for pornfa)
O IFCI• Carfillad&W 001er
Tana Locallan
Tank Capachy (gallona)
Ca, or iafOdual
819nalura of eppwg for pormb)
fa 1FO' Conned a LSP Y OlhOr
- -AY - ZYW 00 d o /
n
Tonk Clmonvono (diam0l0r x (On91h) _ _ ja
lams Last Stored ^ & i--&
r^, ..ran .Furling "aSlo �T 0,
fliliaf¢J4J7 wgvt9 r11FIRi19Ylh „�. EPA I lE&I Z27 j
, I
i Approved lank dLposal yard AA& Z:1 Tank ya.d a
.i?nc ljA� XC Tankyardaddroaa .28' )V-le- y~ RP llr DH��f riiq d�/?Iro
.. ArYt'nn
CllyarTown
-Dole of axpiravar: Z.
i%'13 a.ilo 4lpproval ounlber: - �� 1 � �+� ;'iLl iEEF; r g 6,sto 7011 Frecte: � - fi01�822.18+tA
- einms FIRE DEPARTMENT �---•
SiOnaturo lTllla of 01110e1 IDreniing Poem AQW001 20 SXI
•,, ;.< , rr VrA Ibhbunon phm.AvW 1a10.
°ati%fr�91oti1 FIn Oode bi�Uwte
MULTME TANKS LIST ON OTHER SIDE.
I NAd fof m Fr'•290R aloha by Taal Fte DepL to UST IRepubbry
'Mi192100 *PrLXVAT1OW IWST BE FILSD AT J.t3AST
24 HOURS pRIOR 7'0 TAN!( ltWVAL '
4C4NTRACTOR MUST CALL D Y RVAL
MIN AF�&%R
61 s/
MN.I..-
TT/80 39dd iond1SN00-3ONVI3dW00 9b0b0E8T8LT TV:9T 608Z/LZ/b0
0
PeAmoffia 4 7*6 Srfa04r„eo -. i
RECEIPT OF DISPOSAL OF UNDI
Pam FP M
NAME AND ADDRESS OF APPROVED TANK YARD Inc.
;�Mucntt St,
APPROVED TANK YARD NO. O F Tar* Yard ledger Sot CMR 3M (4) Nun w:
I comfy underr %natty of i havepareon amined the undergrmW steel storage took delivered to this approved lank yard' by grin, corporallon of
WinerehlDl�T1 Yl r19 �l �1� . i�G and &=Pled ssrna In confounance vAlh tiAumedusells Fire immandon Regulat7on 502
CMR 3.00 Proft for Awroving Underground Sleal Storage Tana dlamandhtg ya*. A valid peredt was lutred by LOCAL Hand of Fire DepsArnent,
FD1Dfk b transport thls lank to this yard.
--._'.. Nama•atl offi Ig ��tappmysd•tanfExarda�wtgr prowners thorizdrepresentaave: �, • ..;�_ ;.�-
•Ats�,�ZnR�ijsv�':n'�:� .._ .;oi- -:'S•. .�:t1A.:,�•:_- a .. . .. ., r....
r r o DAWSIGNED
' bIGN 11lRE -
This signed receipt of disposal must be'xettuned to the local heed of itre fire department POID11 �� pursuant to 902 CMR 3.QG
FACH TANK MUST HAVE A RECEIPT OF DISPOSAL
�'Tr.. .:,�. ._..,r: ivy. ,.5. _ ��. ...��.K ..;�. .. ..:;�:.� �.•leek::a:.%vci.,.i: 3'.-��'=.::�..�•�:. ;�:ay�.i=:;"�_•-.. C��c'i: •.a�.:`f:-•:��•_-.°_
�:me!. . r';s*..$•� . �7rx% �;; - _Y`xl.. s': ,Ifs%r,"".•r . _ : c, ...:�' . �; `r _
.::' `a�t ` r�fctic• :��^ w at 'tit.' •::t .�' .1�.. •.
TANKD� TAM 11+IOVED FRt}
Gallons �/ Ifla101'! �Fd-(PferI-geg6Ja
Previous Contents
" �rrusf� . r•� G°�®'�rd�� .. �•/7 Cid�l�i S • r ' .. .
Diameter
Date Received moment
Serial 0 (Ir avOsble) '~ 4i' r
Tank I.D. 0 (Form FP-290)
Notification Form (I7290, or FP290R) to :UST ComPlialnce,
"Orveliee/Operator to matt revised copy of
Oliicte of the $rate Fire A+iareital, Y.O. i1e, JOB State Road, AtOwx MA 017'l5.:
- - •-rr.:.�,: Si:2:, :.r �`.a;; �..=f'7w f:i�3�:G �8 8_ AC•'7at': a:f�,dY,e��d.�� ...?S` .
i7,`:Ji• -
.. - .:i"w-- _-t`Y'Si-.'d!:r f�l' 1 :G►'. r-_t•::a.. a.:
._..... ���_-•.1,.. . , s:s.,,,. � � �,• tT•� .:::.�.:
0
TZ/60 39dd
10f aiSN00-3ONVI-1dW00
9POPOE818LT Zt1:9t 600Z/LZ/00
• R!/�fHfT� ' c �jj�.r����� �A
RECEIPT OP utsPOBAL OF UkDEF[tRODNO OTEEL STORAGB TANK
Fwn [T 201
NAME AND ADDREIS OF APPROVED TAKK YARD J=cs G. Q-znt CO.,- Inc,
` — - 28 W01COU St.
- e ft11e,1++iA 42137
APPROVED TANK YARD NOL �..T8,* Yard Ledger 502 CMR.3.03 (4) N Q.
I certify under ally ofI have petsonafi exe(nlned thederground steel storage lank defivateA to tills "approved tank yard' by firm, corporation or
paMerahipIn, and accepted same In conformancewith Maeisachusetts Fhe Prevention Regulation 502
CMR 3.00 PipvlelQitg f pvl�ndaigmund Steel Storage Tank dismantling yams. A vMd permit was Issued by LOCAL Head of Fire Department.
FOIDI: T f to transport tfda tank to this yard,
DATE SIGNED
This signed receipt of dispoesl roust be returfWd to the local head of the fire department FOIDo L/!� � � pursuant to 502 CMR 3.00.
EACH TANK MUST MAVE A RecruPT OF DISiWSAL i
-"Y .vs:•t:` i.. R{ :,r. -l: iT •r:.y;., "sf. - - — ;�:-,:e '/1[.Gi I.,." ,.e; :a. irc:yt:.;;'�i,�.%?i�'.'Gi`•"• .,.-t:- •' ;Y:� ��%: '4�er'�
1
'i'At11K REMOVED �
f TANKD�
Gallons ODD
(me. and sirrem
Previous Contents 1ea
- t or avvn
Diameter �g
Date RecolVed went Pr01o1
Rico t.�
•Serial 9 (li aveilaMe) �~
;:.. :. :Tat>ak LD:.#<(y9im FP:2901.— --�— , `. AA
iJ�.r•-le?e:, t:•—:: `i: `: — - ... .ir'•ii•� _ 7ir r�f6� =YY Ra:'•s�:."��`•�,
-�noxxlbpera�r~m'�If f+�vit�:��pY�of Notiii�s4oi�..:.:: . ..... � ... , . - • . .: .
�>bow. MA 0]77K'
TT/TT 39Vd iond1SN00-30NV I _1dW00
9b0b6E8T8LT
Tb:9T 60OZILZ/b9
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF DNvIRONMENTAL PROTECTION
SOUTHEAST REGIONAL OFFICE
20 RIVERSIDE DRIVE, LAKEVILLE, MA 02347
JANE SWIFT
Governor
Mr. Emile C. Tayeh, V.P. Environmental Affairs
Cumberland Farms, Incorporated
777 Dedham Street
Canton, Massachusetts 02021
BOB DURAND
Secretary
LAUREN A. LISS
Commissioner
May 8, 2002
RE: BARNSTABLE-BWSC/SMP
RTN 4-10850
Gulf Service Station (CFI #2187)
1171 Iyanough. Road
ADMINISTRATIVE CONSENT ORDER
WITH PENALTY
ACOP-SE-02-3P-002
Dear Mr. Tayeh:
Enclosed please find a fully executed copy of an Administrative Consent Order for the above captioned
Site. The Effective Date for the Consent Order is May 8, 2002. The Consent Order has been assigned filed number
ACOP-SE-02-3P-002. Contained within. the Consent Order is the schedule to return to compliance and the payment
instructions.
If you have any questions regarding this matter, please. contact me at (508) 946-2814..
Sin erely,
Kevin J. Kiernan
Senior Regional Counsel
KK/ka
Enclosure: Administrative Consent Order
CERTIFIED MAIL # 70010320 0001 4831 1913
RETURN RECEIPT REQUESTED
cc: Town of Barnstable
Department of Health .
Post Office Box 534
Hyannis, Massachusetts 02601
Town of Barnstable
Board of Selectmen
Town Hall
367 Main'. Street
Hyannis, Massachusetts 02601
MAY 14 2002
TOWN OF BARNSTABLE
HEALTH DEPT.
This information is available in alternate format by calling our ADA Coordinator at (617) 574-68 72.
DEP on the World Wide Web: httpJwww.state.ma.us/dep
,' Printed on Recycled Paper
cc: Mark Roberts
McRoberts & Roberts, L .L.P.
attornevs at Law _
101 Merrimac Street
Boston, Massachusetts 02114
D ERO
Ann: "' Millie Garcia-Surette, Deputy Regional Director
Jonathan Hobill, Regional Engineer
Gerard Martin, Chief, Site Management & Permitting Section
Theresa Barao, Public Affairs (2)
Regional Enforcement (2)
Data Entry
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
IN THE MATTER OF:
Cdiliberland Farms, Inc.
777 Dedham Street
Canton, Massachusetts 02021
FEIN: 042843586
RE: BARNSTABLE-BWSC-
Release Tracking Number 4-10850
Gulf Station
1171 Iyanough Road
ADMINISTRATIVE CONSENT ORDER
WITH PENALTY
ACOP-SE-02 3P-002
I. THE PARTIES
1. The Department of Environmental Protection ("the Department") is a duly constituted agency of the
Commonwealth of Massachusetts. The Department maintains a primary office at One Winter Street
in Boston, Massachusetts 02108, and a regional office at 20 Riverside Drive in Lakeville,
Massachusetts 02347.
2. Cumberland Farms, Inc. (the "Respondent") is a Delaware based corporation with its principal place
of business located at 771 Dedham Street, Canton, Massachusetts. The Respondent owns and
operates the structures and property known as the Gulf Station (Cumberland Farms, Inc. Facility
Number 2187) located at 1171 Iyanough Road in Barnstable, Massachusetts (the Site).
H. STATEMENT OF PURPOSE
3. This Administrative Consent Order (hereinafter the "Consent Order") is voluntarily entered into by
and between Respondent and the Department because they have mutually agreed that it is in the
public interest, and in their own interests, to proceed promptly with the actions called for herein.
Respondent.and the Department have agreed in principle that it would be more productive to use their
collective resources to undertake timely the actions provided for below rather than to ex' pend
considerable resources and time in litigating the allegations set forth herein. Further, the Department
understands and agrees that Respondent, by voluntarily entering into this Consent Order, is not
admitting to any matter, fact, legal interpretation or position stated herein or conceding that it is liable
in any way to the Department or to any other party, and that this a compromise of a disputed claim.
III. STATEMENT OF LAW
4. The parties agree to the following statement of applicable law and to the jurisdiction and authority
of the Department to issue this Consent Order. In making said agreement, Respondent states that
it is agreeing to this statement of law only for the purposes of the issuance and enforcement of this
Consent Order. Said agreement is not and shall not be construed as an admission of law, legal
interpretation or fact for any other purpose, and said agreement is not and shall not be construed
in any way to be an admission of liability for any purpose.
5. 'The Department is charged with the implementation and enforcement of the "Massachusetts Oil
and Hazardous Material Release Prevention and.: Response Act", M.G.L. c. 21E, as amended,
BARNSTABLE- BWSC RTN 4-10850
Administrative Consent Order With a Penalty
Page 2 of 11
("M.G.L. c. 21E") and the regulations promulgated thereunder as the Massachusetts Contingency
Plan ("MCP") at 310. CMR 40..0000 et seg, as amended.
6. The Department is authorized to assess Civil Administrative Penalties by M.G.L. c. 21A, § 16 and
regulations at 310 CMR 5.00 et seg.
7. M.G.L. c. 21E, Section 9 and 310 CMR 40.0170(9) authorize the Department to enter into a
-- consent order with a responsible party ("RP"), potentially responsible parry ("PRP"), or other
;person, which sets forth necessary response actions, time periods, deadlines for the performance
thereof, and requirements for submittals to the Department.
8. 310 CMR 40.0167 authorizes the. Department to establish and enforce reasonable Deadlines
defined in M.G.L. 21E and the MCP for the performance of response actions through the issuance
of an order.
9. Pertinent provisions of the Massachusetts Contingency Plan are as follows:
110 CMR 40.0010 Effect of Order and Appeal
The issuance of an order under M.G.L. c. 21E, §§ 9 or 10, or any
appeal of an order issued under M.G.L. c.21E, § 9, shall not
prevent the Department from issuing any future order(s) or from
taking any other action authorized by law,, including, but not
limited to, taking or arranging for one or more response actions at
the disposal site which is the subject of the order or appeal.
310 CMR 40.0835(1) General Provisions (Comprehensive Response Actions)
A Phase II Report prepared in accordance with -310 CMR
40.0835(4) shall 'be submitted to the Department at the
conclusion of Comprehensive Site Assessment activities
pursuant to the applicable deadlines set .forth in 310 CMR
40.0550 or 40.0560 or through Interim Deadlines specified by
the Department.
10. Unless otherwise stated herein, the terms used in this Consent Order are defined pursuant to
M.G.L. c. 21E, the MCP and 310 CMR 5.00.-
IV. STATEMENT OF FACTS
11. The parties agree to the following statement of facts relevant to the subject matter of this Consent
Order. In making said agreement, Respondent states that it. is agreeing to this statement of facts
only for the purposes of the issuance and enforcement of this Consent Order. Said agreement is
not and shall not be construed as an admission of law, legal interpretation or fact for any other
purpose, and said agreement is not and shall not be construed in any way to be an admission of
liability for any purpose.
12. For purposes of this Order, the Site includes the structures -and property known as the Gulf Station
(Cumberland Farms, Incorporated Facility .Number 2187) located, at 1171 Iyanough Road,
,.Hyannis, Massachusetts and all. -other areas where oil. and/or hazardous material originating from
r , the 1171 Iyanough Road property have come to be located. The Site -is located on an
approximately 0.6 acre parcel of land , and has -housed a gasoline service station since
approximately 1967. A single story building erected on a concrete slab, four (4) 10,000-gallon
underground storage tanks (USTs) containing gasoline and diesel fuel and two fuel dispenser
Final
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Administrative Consent Order With a Penalty
islands currently exist at the property. A facility upgrade is scheduled for the Spring/Summer of
2002 that will include the removal of the UST system, the dispenser islands and demolition of the
existing building-
13. _ On October 14, 1994, Respondent notified the Department that the three (3) gasoline USTs at the
site were tight tested and failed. The Department approved an Immediate Response Action
consisting of assessment activities only and assigned RTN 4-10850 to this threat of
= release/release.
14. On. October 19, 1994, the Department issued a Notice of Responsibility ("NOR") to' the
Respondent. The NOR stated that the Department had reason to believe that the Respondent is a
potentially responsible party ("PRP") with liability under M.G.L. c. 21E, Section 5, for the
release(s) that had occurred at the Site. The NOR requiredthat the Respondent to conduct
response actions pursuant to the MCP.
15. On February 16, 1995, the Department received a report titled "Phase I Initial Site Investigation,
Cumberland Farms, Incorporated, 1171 State Road 132 (Iyanough Road), Barnstable (Hyannis),
Massachusetts 02601, RTN 4-10850" dated February 10, 1995, prepared by Handex of New
England.- The Department also received BWSC Form Number-006 titled "Immediate Response
Action ("IRA") Completion Statement" for the Site also prepared by Handex of New England.
16. On October 5, 1995, the Department received a Tier IC Permit Application for the Site prepared
and submitted on behalf of the Respondent by Handex of New England.
17. On March 11, 1996, the Department issued the Decision to Grant Permit. Oliver Udemba, a
representative for the Respondent signed and accepted` the Permit on March 13, 1996. The Tier
IC Permit for the Site, Permit Number 100556,_ became effective on April 12, 1996. The Tier I
Permit requires a permittee to conduct Comprehensive Response Actions pursuant to 310 CMR
40.0800 following the deadlines established at 310 CMR 40.0550.
18. In August 1997, Handex of New England submitted a Phase II Scope of Work to the Department
for the Site on behalf of the Respondent.
19. On January 14, 1998, the Department received a Phase II Comprehensive Site Assessment Report
and a Completion Statement for the Site.
20. On March 20, 1998,. the Department received a Phase III Remedial Action Plan (the Phase III
Plan) and a .Completion Statement for the Site prepared and submitted on behalf of the
Respondent by Handex of New England. The Phase III Plan identified soil vapor extraction and
air sparg, ng as the best alternative for remediating the contamination at the Site.
21. In November"1999, the Respondent retained the services of Environmental Compliance Services,
Incorporated ("ECS") to address contamination at the Site.
22., On December 9, 1999, ECS, on behalf of the Respondent, submitted a Minor Permit Modification
to the Department to note a change in the LSP of record for the Site.
23
On January 3, 2000, ECS, on behalf of the Respondent, collected a round of groundwater samples.
from- then -Site monitoring wells for the analysis of volatile organic compounds. - The data
,ates .that benzene and diethyl tertiary butyl ether ("MTBE") were present in monitoring wells
-3, MW-4, MW-4D and IvIW-5 above the applicable Groundwater Category GW-I Standards.
highest concentration of benzene and MTBE was detected in the groundwater from MW-4.
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Administrative, Consent -Order With a Penalty
24. On March 13, 20001 the Department received a Phase IV Remedy Implementation Plan (the Phase
IV Plan) for the Site prepared on the Respondent's. behalf by ECS. The Phase IV Plan proposed.
that a Soil Vapor Extraction/Air Sparging ("SVE/AS") System be installed and a pilot test be
conducted by,July 1, 2000. The Phase IV Plan also stated that start-up of the SVE/AS System
would occur by October 31,,2000.
25.' On March 29, 2000, sufficient soil vapor extraction wells and the air sparging wells were installed
= at the Site to conduct a pilot test in order to design the final remedial system.
26. On May 8, 2000, the SVE/AS pilot test was conducted at the Site.
27. On January 11, 2001, ECS submitted a Tier I Permit Extension Application (the Application
Package) to the Department for the Site on behalf of the Respondent. The Application Package
proposed that installation of the SVE/AS System be completed by July 2001 and start-up of the .
System occurs by August 2001. t
28. On February 15, 2001, ECS, on behalf of the Respondent, collected a round of groundwater
.._samples from the on -Site monitoring wells for the analysis of volatile organic compounds. The
data revealed that MTBE was detected in the groundwater beneath the 1171 Iyanough Road
property at concentrations of 49 ug/l.
29. On April 3, 2001, representatives from the Department and ECS conducted a site inspection as
part. of the Permit Extension review process. At the time of the inspection, the Department
- observed that installation of monitoring wells was limited to the 11.71 Iyanough Road property.
Based on the analytical data previously submitted to the Department and the installation of
monitoring wells only on the 1171 Iyanough Road property, the Department informed ECS during
the site inspection that additional Comprehensive Response Actions were needed to define the
downgradient extent of MTBE in groundwater.
30. On May 3, 2001, the Department issued the Decision to Grant the Tier IC Permit Extension to the
Respondent. Again, the Department informed the Respondent through the issuance of a Decision
to Grant the Tier I Permit Extension that additional Comprehensive Response Actions were
needed at the Site to define the full extent of MTBE in the groundwater. The Department's
Decision to Grant the Tier I Permit Extension also stated that the Respondent was in
noncompliance .for failure to define the full extent of contamination at the Site pursuant to 310
CMR 40.0830 and as a result the Department may take enforcement against the Respondent
which could include, the issuance of .a Notice of Noncompliance .:or assessment of an
administrative penalty:
31. On June 6, 2001, ECS, on behalf of Respondent, submitted a permit application to the
Massachusetts Highway Department to install three (3) off -site monitoring wells on the property
located across Iyanough Road. Mass Highway granted the permit on June.19, 2001.
32. On July 10 and 11, 2001, three (3) off -site monitoring wells were installed at the Site.
33. On August 9; 2001, Cumberland Farms retained the services of ENS.R International ("ENSR") to
address contamination at the Site. ECS forwarded the site files to ENSR on August 25,.2001.
34. On August 29, 2001, . the Department issued a Notice ;of Noncompliance ("NON") to the
Respondent. The NON required that the Respondent submit to the Department:a revised Phase H
Comprehensive Site Assessment- Report with a Risk Characterization., pursuant to 310 CMR
40.0835 and 310 CMR 40.0900, respectively by November 30, 2001. The NON also required
that a revised Phase III Plan, if necessary, and either a Class C Response Action Outcome
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BARNSTABLE— BWSC RTN 4-10850 Page 5 of 11
Administrative Consent Order. With a Penalty
Statement or a revised Phase IV Plan, if necessary be submitted to the Department along with the
amended Phase II Report.
35. On September 26, 2001, ENSR; on behalf of the Respondent, collected groundwater samples
from eleven (11) monitoring wells for the analysis of volatile organic compounds. - Three of the
wells are located off the 1171 Iyanough Road property. A review of the analytical data revealed
that benzene and MTBE are present in the. groundwater beneath the 1171 Iyanough Road property
at a concentration of 43 ug/1 and 6,900 ug/l, respectively. In addition, the data also indicated that
MTBE is present in the off -site monitoring wells at a concentration of 220 ug/l.
36. On November 8, 2001, ENSR submitted a. Delay of Remedy Implementation letter to the
Department on behalf of the Respondent.
37. On February 4, 2002, the Department issued a Notice of Enforcement Conference to the
Respondent for failure to conductt the response actions stated in the August 29, 2001 NON...
38. On February 12, 2002, ENSR submitted a revised Phase II Report to the Department on behalf of
the Respondent. The Phase II Report recommends that additional monitoring wells be installed to
support the conclusions based on the fate and transport model.
39. On February 20, 2002, ENSR, on behalf of Respondent, collected a round of groundwater
samples for analysis of volatile petroleum hydrocarbons.
40. On February 25, 2002, the Department received a Tier I. Minor Permit Modification to note a
change in the LSP of record for the Site. The Minor Permit Modification was prepared on behalf
of the Respondent by ENSR.
41., On -February 26, 2002, ENSR submitted a Phase IV Addendum to the Department for the Site on
behalf of the Respondent. .
V. DISPOSITION
42. This Consent Order is issued by the Department pursuant to its authorities under M.G.L. c. 21A,
M.G.L. c. 21E, 310 CMR 5.00, and the MCP.
43. Respondent assents to the authority of the Department to issue this Consent Order and waives its
rights to further administrative or judicial review of this Consent Order. Respondent reserves its
right to challenge any requirement imposed by, the Department beyond those set forth in this
Consent Order. This waiver does not extend to any other Order issued by the Department or any
other claim, action, suit, cause of action or demand which- the Department or any other person
may initiate with respect to the subject matter covered by this Consent Order.
44. This Consent Order is not an admission of liability or a waiver of any defenses Respondent may
raise in any proceeding to enforce this Consent Order.
45. This Consent Order represents the full and final agreement between the Parties concerning
Respondent's alleged failure to complete response actions at the Site in the timely manner
required by the MCP described in Section III and IV herein. However, nothing in this Consent
Order shall be construed as or operate as, barring, diminishing, adjudicating or in any way
affecting the .legal -or equitable right of the Department to issue any future order; or in any way-
affecting any other claim, action, suit, cause of action, or demand which the Department may
'initiate, except actions to* recover penalties or seek equitable: relief for Respondent's alleged
failure to complete responseactions at the Site: which are addressed in this Consent Order,
including, but not limited to, the: (i) recovery of costs incurred by the Commonwealth in
Final. �;
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Administrative Consent Qrder With a Penalty
oversight, administration and enforcement of this Consent Order; (ii) recovery of any other past or
future costs incurred by the Department in connection with .response activities conducted at the
Site'or related areas arising out of the release or threat of release or.oil/hazardous materials; (iii)
recovery of damages to natural resources pursuant to M.G.L. c. 21E § 5 or 42 U.S.C. § 9601 et.
seq.; (iv). recovery of damages to the Commonwealth's real or personal property pursuant to
M.G.L. c 21E § 5; (v) enforcement of the terms of this Consent Order; and or (vi) enforcement of
past or future noncompliance with any statute or regulation, except for the alleged noncompliance
`described in Section III and IV of this Consent Order. Respondent reserves all rights and.
defenses it may have with respect to any claims, except for those addressed through this.Consent
Order, that may be brought by the Department.
46. Subject to the Department's Reservation of Rights set forth in paragraph 45 of this Consent
Order, compliance by Respondent with the obligations of this Consent Order shall be considered
compliance with ._all- alleged, .instances of noncompliance • referenced ,herein. - Respondent
acknowledges and the Department reserves the right to sue or take any administrative action for
any future noncompliance by Respondent and Respondent expressly reserves any rights it may
--have (unless expressly waived by this Consent Order) to contest and appeal the same.
47. This Consent Order is also a Notice of Noncompliance, issued pursuant to M.G.L. c. 21A, §16
and the regulations promulgated thereunder at 310 CMR 5.00.
48. The Department hereby determines, and Respondent agrees;. that the deadlines set forth in this
Consent Order constitute reasonable times to perform the acts expressly agreed to in this Consent
Order and that the activities required pursuant to I this Consent Order otherwise meet the
requirements of the MCP.
49.= The activities required pursuant to this Consent Order may be subject to Department approval and
Respondent shall comply with all other applicable federal, state and local laws.
50. This Consent Order shall apply to and be binding upon Respondent, its agents, successors and
assigns. No change in property ownership alters, in any way, Respondent's obligation to comply
with this Consent Order. Respondent shall provide a signed copy of this Consent Order to any
subsequent owner, heirs, successors and assigns before any property rights are transferred.
51. Respondent shall provide a copy of this Consent Order to each LSP, contractor or consulting firm
that has been hired to conduct any portion of the work pursuant to this Consent Order.
521. Notwithstanding the terms of any contract; Respondent shall not -violate this Consent Order and
shall not cause their contractors, subcontractors, consultants, LSP, successors, assigns or agents to
violate this Consent Order.
53. The Department shall have the right to enter upon the Site at reasonable times_ to monitor
compliance with.the terms of this Consent Order.
1UNDIM
54. Based on the foregoing statement of facts and law and pursuant to its authority under Section 9 of
M.G.L. c. 21E and Section 10 of M.G.L. c. 30A, the Department orders Respondent to undertake
the actions described in Section VI.of this Consent Order..-.,...
55. The Respondent shall provide all data and documentation that i`s nec`essary to support the
submission of all response action documents pursuant to the MCP, including, but not be limited
to:
Final
4
BARNSTABLE- BWSC RTN 4-10850 Page 7 of 11
Administrative Consent.Order With a Penalty
a) all final tabulated data with appropriate plans and maps showing sampling points;
b) all documentation generated by the laboratory associated with the collection and analysis of
samples from the site including appropriate qualityassurance/quality control data;
c) all calculations of.. hydraulic conductivity, groundwater flow direction; exposure point
concentrations, and any assumptions and/or corrections made to these calculations, including
graphic representations and charts; and
=d) all finalized data conclusions regarding full delineation of contamination and feasible remediation
options, if applicable.
56. By May 31. 2002, a sufficient number of monitoring -wells should be installed off the 1171
Iyanough Road property to support the conclusions -associated with the fate and transport model.
Groundwater samples should be collected from all of the wells at the Site and analyzed at a
minimum f6r volatile petroleum hydrocarbons '.iricluding target analytes pursuant to the
Department's Final Draft Policy titled "Characterizing Risks posed by Petroleum Contaminated
Sites: Implementation of the MADEP — VPH/EPH Approach", dated June 2001. If the laboratory
analytical results do not support the fate and transport model conclusions and additional
comprehensive response actions are necessary to delineate the full extent of contamination at the
Site, then a revised Phase II Comprehensive Site Assessment Report pursuant to 310 CMR
40.0835 should be submitted to the Department by July 31, 2002. A revised Phase III Remedial.
Action Plan and a Phase IV Remedy Implementation Plan, if necessary should be submitted with
the Phase II Report. If the selected remedial alternative needs to be modified, revised or expanded
to address off -site contamination, then the modifications; etc. should be completed and the system
on-line by October 31, 2002. In addition, a supplemental As -Built Construction- Report, Phase IV
Final Inspection Report and Completion Statement prepared pursuant to 310 CMR 40.0875, 310
CMR- 40.0878 and 310 CMR 40.0879, respectively should be submitted to the Department by
November 29, 2002. -
57.. By May .31, 2002, the- construction and installation of the comprehensive remedial action
alternative selected as a result of the Phase III evaluation pursuant to 310 CMR 40.0850 shall be
completed.
58. By June 17, 2002, the selected remedial alternative described in item 57 above should be on-line.
59. By July 31, 2002, an As Built Construction Report, a Phase IV Final Inspection Report and a
Completion.Statement prepared ,pursuant to 310 CMR 40.0875, 31.0 CMR 40:0.878 znd 310 CMR n -
40:0879, respectively sliouldbe-submitted to the Department_
60. By July 31, 2002, Phase V Remedy Operation Status ("Phase V") should be attained at the Site in
accordance with the provisions of 310 CMR 40.0890 and a Remedy Operation Status Submittal
prepared pursuant to 310 CMR 40.0893(3) submitted to the Department.
61. It is known and understood by the Department that the response actions described :in Paragraphs
55 through 60 are being performed in coordination with the demolition of the existing station and
construction of an entirely new station, including a. new gasoline storage and dispensing system.
Respondent has. obtained all necessary construction permits and is in the process of performing
the station demolition and construction. In the event that due to circumstances beyond the
Respondent, s control the construction activities. are delayed or. otherwise make completion of the .
tasks set forth in Paragraphs 55 through 60, or any single task.therein impossible, the.Respondent
shall immediately notify the Department in accordance with the provisions of Paragraph 76
below. Pursuant to Paragraph 76 below, the Department and Respondent shall then confer and
Final
BARNSTABLE— BWSC RTN 4-10850
Administrative Consent.Order With a Penalty
Page 8 of 11
the Department may establish new deadlines for completion of the above -described tasks.- In such
event,the stipulated penalties described below shall not apply provided the Respondent complies
with the new deadlines.. The Respondent represents that it does not have knowledge of any
current condition that would prevent it from performing the .tasks described in Paragraphs 55
through 60 in the times provided.
62. Upon achievement of a Response Action Outcome Statement pursuant to 310 CMR 40.1000, the
Respondent shall submit to the Department a Phase V Completion Statement and a final Phase V
,.Monitoring Report pursuant to 310 CMR 40.0894, if Phase V Operation, Maintenance and
Monitoring activities are conducted at the Site.
63. If at any time sufficient documentation is provided to the Department which supports a Licensed
Site Professional's opinion that a Condition of No Significant Risk has been achieved at the Site
and a Response Action Outcome Statement is provided,to the ,Department".,pnor to attaining
Remedy Operation Status at the Site as defined in paragraph 60 above, Respondent is not required
to implement any further Comprehensive Response Actions at the Site, pursuant to 310 CMR
`40.0560(3) and Section VI of this Consent Order.
64. Any failure to submit required documents described in Section VI of this Consent Order or meet
other MCP requirements, may subject Respondent to Stipulated Penalties described in Section
VIR of this Consent Order.
65. Respondent shall comply with all required Public .Involvement activities, described in 310 CMR
40.1400, at the Site.
66. , Respondent shall submit all applicable reports to:
Laura Stanley
Massachusetts Department of Environmental Protection
Southeast Regional Office
20 Riverside Drive
Lakeville, Massachusetts 02347
67. All documents will be deemed to be delivered upon receipt by the Department.
68. Within thirty (30) days of completing all actions required under this Consent Order, the
Respondent shall provide written. documentation and certify to .the Department that it has
complied with this Consent Order. At tre same. time; the. _Respondent shall: certify that it has
complied with all federal, state and local laws and regulations in complying with the requirements
of this Consent Order.
6E
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Administrative Consent Order With a Penalty
VII. PENALTIES
Page 9 of 11
69. For violations of M.G.L. c. 215and the MCP, Respondent -shall pay an Administrative Penalty in the
amount of fifteen thousand ($15,000) dollars.
70. Payment of the above -described administrative penalty, totaling fifteen thousand ($15,000) dollars,
must be by certified check, cashier's check, or money order payable to the "Commonwealth of
Massachusetts". The name "Cumberland Farms, Inc.", Federal Employer Identification Number
-(FEIN), 042843586, and the Consent Order file number, ACOP--SE-02-3P-002 must be clearly
printed on the face of the check or money order. Failure to do so could delay accreditation of your
payment and compliance status. The remittance should be sent, within ten (10) business days of the
Effective Date of this Consent Order, to:
Commonwealth of Massachusetts
Department of Environmental Protertion ,
P.O. Box 3584
Boston, MA 02241-3584
A copy of the check must also be mailed to:
Laura Stanley
Massachusetts Department of Environmental Protection
Southeast Regional Office
20 Riverside Drive
Lakeville, Massachusetts 02347
VIII. STIPULATED PENALTIES
71. If Respondent fails to comply with any action or deadline, described in the Order Section, Section VI
of this Consent Order without the express approval of the Department,- Respondent shall pay the
Commonwealth, upon demand, stipulated penalties in the amount of five hundred dollars ($500.00)
per day per violation for each day such violation occurs.
NOTE: Per day violation amounts shall double on the thirtieth (30th) consecutive day of
noncompliance and treble on the sixtieth (60th) consecutive day of noncompliance, with maximum
per day penalty not to exceed $25,000 per day, per offense.
72. All payments of stipulated penalties shall. be by check: certified.rheck,.cashier's check or money order,
made payable to the "Commonwealth of Massachusetts". All stipulated penalty payments shall be
sent -to the following address:
Commonwealth of Massachusetts
Department of Environmental Protection
P.O. Box' 584
Boston, MA 02241-3584
The name, Cumberland Farms, Inc., its Federal Employer Identification Number (FEIN 042843586)
and the Consent Order file number, ACOP-SE-02-3P-002-STIP, must be clearly printed on the face
-of the check or money order. A copy of the check must be sent to the Department of Environmental
Protection, Southeast Regional Office, 20 Riverside Drive, Lakeville, Massachusetts 02347, attention
Laura Stanley.
Final
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Administrative Consent Order With a Penalty
IX. ADDITIONAL PROVISIONS
73. The terms and conditions of this Consent Order shall take effect on the Effective Date, which is the
date on which the Department signs the Consent Order.
74. The undersigned represents that he/she has the authority to bind Respondent to this Consent
Order.
75. The Department represents that the Regional Director has the authority to issue this Consent Order
on behalf of the Department.
76. If the Department determines that Respondent's request to extend the deadlines is reasonable, it may,
on its own initiative or upon a reasonable documented request from the Respondent, extend any
deadline. established in Section III" of this Consent Order through a written amendment. If the
Respondent has reason to know that any event has occurred or may occur which could cause delay of
performance of the actions described in this Consent Order, Respondent may submit a written request
to the Department to extend the deadlines for performing the actions described the Order Section in
this Consent Order. For the Department to consider Respondent's request, the request must be
submitted as soon as the Respondent learns of the delay. The request shall contain the following
information:
a) The anticipated length and cause of the delay;
b) The measure(s) to be taken to minimize the delay;
c) ..A timetable for implementing those measures; and
d) If the delay is due to a failure to obtain property access, Respondent shall certify in writing that it
has followed the requirements of 310 CMR 40.0173 that describe the procedure for obtaining
property access, when requesting the extension.
The Department may unconditionally approve, disapprove, or approve Respondent's request with
necessary modifications.
17. Failure of the Department to complain of action or non -action on the part of Respondent shall not
constitute a waiver by the Department of any of its rights hereunder. Furthermore, no waiver by the
Department of any provision herein shall be construed as a waiver of any other provision herein.
78. If any term or provision of this Consent Order, or the application thereof, to any person or
circumstance, shall, to any extent, be invalid or unenforceable, the remainder of this Consent Order,
and the application thereof, shall not be affected, and each remaining term and provision shall be
valid and enforceable to the fullest extent permitted by law.
79. Any submission(s) required by this Consent Order shall be accompanied by the applicable fee(s).
f - '
4 s
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Administrative Consent Order With a Penalty
S® ORDERED:
FOR SPONDENT, Cumberland Farms, Incorporated
B:�s . / _� �� ��/✓' DATE.
smile C. Tayeh, V. Envir `n=_nental Affairs
Federal Employer Identification Number: 042843586
MASSACHUSETTS DEPARTTWENT OF ENVIRONYIE
NTAL PROTECTION
BY: DATE:
Paul A. Taurasi, P.E., Regional Director
TOWN OF
March 10, 1998 '' oyrr°trg
98 p1AR 23 A71 ;
Chief Municipal Officer
Town of Barnstable
367 Main Street
Hyannis, MA 02601
Re: Notice of Document Availability
Phase III Remedial Action Alternative Evaluation
Cumberland Farms, Inc. Facility
1172Iyannough Road
Hyannis, MA
DEP RTN 4-10850, Tier 1 Permit #100556
Dear Chief Municipal.Offcer:, ,
As required under;the,Massachusetts Contingency Plan (MCP) 310 CMR 40.1403 (3)(f), at any time after
the Department of Environmental Protection (DEP) has been notified of a release, the Chief Municipal
Officer and the Board of Health in the community which the disposal site is located shall be notified.
Other public notifications are required under the MCP, including submittal of a Phase III Report. A
Phase III Report has been filed pursuant to 310 CMR 40.1000 with the DEP for this site and are available
for review.
Should you have any questions or wish to obtain a copy of the Phase III Report, please do not hesitate to
contact our office or Mr. Oliver Udemba of Cumberland Farms, Inc., at (617) 828-4900, ext. 3415.
Sincerely,
Handex of New England, Inc.
Michael H. Cote'
Senior Hydrogeologist/Project Manager
cc: - Hyannis Board of -Health.. a
DEP Southeast Regional Office, Lakeville, MA
;Mr..Oliver, Udemba;. CFI
398 Cedar Hill Street, Marlborough, MA 01752 9 (508) 481-5750 • Fax: (508) 481-5159
March 10, 1998
Board of Health
Town of Barnstable
P. O. Box 534
Hyannis, MA 02601
Re: Notice of Document Availability
Phase III Remedial Action Alternative Evaluation
Cumberland Farms, Inc. Facility
1172 Iyannough Road
Hyannis, MA
DEP RTN 4-10850, Tier 1 Permit #100556
As required under the Massachusetts Contingency Plan (MCP) 310 CMR 40.1403 (3)(f), at any time after
the Department of Environmental Protection (DEP) has been notified of a release, the Chief Municipal
Officer and the Board of Health in the community which the disposal site is located shall be notified.
Other public notifications are required under the MCP, including submittal of a Phase III Report. A
Phase III report has been filed pursuant to 310 CMR 40.1000 with the DEP for this site and are available
for review.
Should you have any questions or wish to obtain a copy of the Phase III Report, please do not hesitate to
contact our office or Mr. Oliver Udemba of Cumberland Farms, Inc., at (617) 828-4900, ext. 3415.
Sincerely,
Handex of New England, Inc.
Michael H. Cote'
Senior Hydrogeologist/Project Manager
cc: Hyannis Chief Municipal Officer
DEP Southeast Regional Office, Lakeville, MA
Mr. Oliver Udemba, CFI
398 Cedar Hill Street, Marlborough, MA 01752 • (508) 481-5750 • Fax: (508) 481-5159
Consulting Engineering Remediation
October 5, 2005
Board of Health
Barnstable Town Hall
367 Main Street
Hyannis, MA 02601
RE: Notice of Document Availability
CFI Facility #2187
11651yanough Road
Hyannis, MA 02601
Release Tracking Number 4-10850
To Whom It May Concern:
95 State Road
Sagamore Beach, MA 02562
(508) 888-3900
Fax (508) 888-6689
http://www.ensr.com
ENSR Project # 2140-252
Per the public notification requirements of the Massachusetts Contingency Plan (MCP), 310
CMR 40.0000, this letter is to inform you that ENSR, on behalf of Cumberland Farms, Inc.
(CFI), submitted to the DEP a Method-2/Class A-2 Response Action Outcome (RAO) in
September 2005. This document is available for your review and copying at the DEP Southeast
Regional Office, located at 20 Riverside Drive, in Lakeville, Massachusetts.
If you have any questions, please contact Oliver Udemba of CFI at (781) 828-4900 extension
3415 or either of the undersigned.
Sincerely,
ENSR
Derek T. Margarit
Project Manager
cc O. Udemba; CFI
DEP Southeast Region Office
60
Christopher G. Mariano, P.G., LSP ss�
Senior Hydrogeologist i
THE FOLLOWING
IS/ARE THE BEST
IMAGES FROM POOR
QUALITY ORIGINALS)
TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION
Map 273 Parcel 6;�-3 Permit #
Health Division cod �!5 21104> Nc '" 4•' Date Issued
Conservation Division ___-- Fee
Tax Collectors-� —t �(� /',,r.rc�t �j�1� o ®Q
AT MTIST OBTAI,r�t A Xp�'!
\' };rTeON PERMIT FROM T Treasurer ( � 7�-�� / T10N ERMIT ROM' ry
y
Planning Dept.
Date Definitive Plan Approved by Planning oard f v ^'VA r1A,0S'
OPT i�G�t w�r'r PL 'Ri
Historic - OKH Preserva ion/Hyannis �d�s'�n �.wri d�,r '�% wa�
Project Street Address .Z'Y R N N d J C-7 R R6 iq"b [R i E 1-3 S WAY
Village //°° H \/ RAJ N f-s
Owners; s f+ Ri 1qai�) Cu M a c2LAN 1� . "PMS 1 uCAddress 177 -b Hfn s i CA N i o
Telephone e6o 225—g702 =
Permit Request
&-1 j
Square feet: 1st floor: existing proposed 3k3 f I:. 2nd floor: existing proposed Total new V.--
Valuation 1116 , Ll • ® i bD Zoning District Flood Plain .Groundwater Overlay
Construction T ype 3C
Lot Size 63j 3 �� 2-0S Grandfathered: ❑ Yes ❑ No If yes, attach supporting documentAtion.
Dwelling Type: Single Family ❑ Two Family ❑ Multi -Family (# units)
Age of Existing Structure
Historic House: ❑ Yes XNo On Old King's Highway: ❑ Yes
Basement Type: ❑ Full ❑ Crawl ❑ Walkout ❑ Other lIC N9
Basement Finished Area (sq.ft.)
'Number of Baths: Full: existing
Number of Bedrooms: existing
Total Room Count (not including baths): existinc
new
Heat Type and Fuel: X Gas ❑ Oil ❑ Electric
Central Air: XYes Cl No Fireplaces: Existing
Detached garage: ❑ existing ❑new size
Attached garage: ❑ existing ❑ new size
Basement Unfinish
t
new Half: e;
; A
�co
A
� cD
oa w y n
new
�k "> 3
".w(
A N N
❑ Other
°
ova
A Vo — -1
ono<m
New
a 9
N N (p
p�jNA0 _
J D
Pool: ❑ existing ❑ new size
N
Shed: ❑ existing ❑ new size_
o
W
Zoning Board of Appeals Authorization >[ Appeal # 00 f — 94-
Commercial XYes ❑ No If yes, site plan review #
Current Use GA-3 SA 1.FS Proposed Use C
a
6001GMC-E S11 4
n
1
)4No
i
i
i
❑ No
size
AC r✓S
BUILDER INFORMATION oe/j A101-
Name(7UJ�I�i LAu� �flRl►')���i j��2e�� Iephone Number FW-5 2y--1'41 r✓X`I —1{33
Address 3 LLW' W --AS Ad L—. License # 1)
R15 v Dens 0 C 1�= L) Z91) 5 Home Improvement Contractor # N�
I M S 0 7 6 t= d A C S-1 i i 0 P IPA Worker's Compensation # R M LJ C. 5 27 LIZ 97
ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO
Massachusetts Fire Incident
Report
Hyannis
Fire Department
a
Date of
Time Of Arrival Time In
FDID Incident No. Exposure #.
Incident Day of week
Call Time Service
01922 A210417 0�
5/8/2001 sday 3❑
21:32 21:41 22:54
Address
Zip Census Tract
1171 lyannou h Road/
Route 132 #86
Hyannis I F1-0
Type of Situation Found
Type of Action a
Mutual Aid
41 Spill/leak W/o Ignition
41 4 Remove Hazard
4
Fixed Property Use
Ignition Factor
"public Service Station."
F 00 No Fire Found
0]
Occupant Name
Occupant Telephone
Gulf Station
508-771 -5360
Owner Name
Owner Address
Owner Telephone
Cumberland Farms
Method Of Alarm
Shift
�p
No Of Alarms # of Personnel Responded
1� 0
Hazardous
rials
7 Telephone 7�
Engines Tankers
001 000
Aerial
000
Other Vehicles
001
LPresent
es
Fire Service
Injuries FO 0 0 Fatalities 0 0 0
Other Injuries
Injuries 0 0 6 Fatalities 0 0-01
Rescues 0 0 0
Mobile Property Use Is Car Stolen Insurance Company
❑ ❑
Mobile Property Make Year Model Color License Number VIN
0 0 0
Complex Area Of Origin
Estimated
0 Loss
Equipment Involved In Ignition Form Of Heat Of Ignition
If Equipment Was Involved In Ignition
Material Ignited Year Make Model Equipment Serial Number
Method of Extinguishment Level Of Fire Origin Number Of Stories
❑ ❑ ❑
Construction Type Detector Performance Sprinkler Performance
0 ❑
Extent Of Damage
Flame I 1= Smoke
Material Generating Most Smoke Type Of Material Generating Most Smoke
F
Avenue Of Smoke Travel Weather Conditions Commanding Officer
0 C.I.ealx................................................................. Deputy Chief Melanson
Report By ILt Knowlton
Comment Page for
r%
• Incident No. A210417 Address 11171 IYANNOUGH ROAD/ ROUTE 132
Date of Report 5/09/2001 Commanding Officer IDeputy Chief
We received a call from the Barnstable Police Department reporting a diesel fuel spill of unknown quantity at
the Gulf Station 1171 lyannough Road. The stand-by crew was preparing to respond to an automatic fire
alarm at the Radisson Inn so a box was put out for additional help for multiple calls. I was at the Cape Cod
Hospital on an ambulance call so my crew responded to the station from CCH. The Barnstable Police reported
a spill of approximately 5 gallons at 2135 hours. Car 802 responded from home at 2138 hours. I responded
on 822 with FF's Black, Grandaw, and Randall driving. En route 802 reported the spill was contained and we
responded code "C". Arrived on location at 2145 hours.
Joan Brennan (03/28/36) from 23 Chase Street Hyannis, 508-775-2099, was filling a 1989 Ford E-350
U-Haul truck with diesel fuel when the fuel began to pour onto the pavement. She was unsure if the tank was
leaking or if the tank fill malfunctioned. It was estimated that approximately 3 gallons at most spilled onto
the ground. The attendant at the station immediately covered the spill with speedy -dry. When we arrived,
there was no active leak but the top and bottom of the fuel tank was wet with diesel fuel. Numerous attempts
were made to contact the U-Haul company but there was no answer. A decision was made to tow the truck
on a flatbed because of an unknown problem with the fuel tank/system. The duty wrecker was called.
Davis towing arrived approximately 30 minutes later and removed the truck on a flatbed.
The U-Haul vehicle has a temporary license of AB08181 in AZ. Unit #EL2287X. The VIN # was listed
as 1 FDKE37M7KHB75432.
0 The speedy -dry was picked up and placed in a Haz. Mat. container in the Gulf Station.
822 and 802 secured the scene at 22:55 hours and arrived back in quarters at 23:00 hours.
Richard A. Knowlton, Lieutenant
January 12, 1998
James D. Tinsley
Town Manager
Barnstable Town Hall
367 Main Street
Hyannis, MA 02601
Re: Notice of Document Availability
PHASE H COMPREHENSIVE SITE ASSESSMENT
Cumberland Farms Facility
1171 Iyanough Road (Route 132)
Hyannis, Massachusetts
RTN 4-10850
Dear Mr. Tinsley:
In accordance with Massachusetts Contingency Plan (MCP) 310 CUR 40.1403 (3e), this letter is provided on behalf of
Cumberland Farms, Inc. as a Notice of Document Availability of a Phase It Comprehensive Site Investigation Report for
the referenced location. The MCP states that all Phase Reports submitted to the Department of Environmental Protection
(DEP) shall be made available to the Chief Municipal Officer and Director of the Board of Health of the appropriate
community.
If you have any questions, please contact our office or Mr. Oliver Udemba of Cumberland Farms Inc. at (617) 828-4900
ext 3415.
Sincerely,
Handex of New England, Inc.
Richard J. A Jin
Hydrogeologist 7
Michael H. Cote'
Senior Hydrogeologist/Project Manager
cc: Mr: Oliver Udemba CFI
398 Cedar Hill Street, Marlborough, MA 01752 • (508) 481-5750 • Fax: (508) 481-5159
M
Mike's Petroleum Service Inc.
15 Jan Sebastian Way
Sandwich, Ma 02563
508-888-8785 800-564-0311
fax 508-833-0186
�si2o/97--
Hyannis Fire Department
95 High School Road Ext. /� _ Z 73
Hyannis, MA 02601
To Whom It May Concern:
This letter is in
Hyannis, MA.
lq'Ir-Ozy
We precision tested 4 tank(s) and 4 product line(s) at this site on 8/20/97.
The test was completed in strict compliance with the latest CMR-9, Federal, and NFPA
requirements. We also tested 8 crash valve(s) and 4 leak detector(s) for operation.
The tank(s) did meet NFPA requirements. Lill
The lines did meet NFPA requirements. - lyy r
The crash valves and leak detectors are operational.f';
?-a.E,
Enclosed you will find:
- a copy of the tank and line test results
2 - a copy of the tightness testing summary report
If you should have any further questions, please call us at the above noted number.
Enclosure
cc: Barnstable County BOH
Richard Etzold
Very Truly Yours,
Mike's Petroleum ervice Inc
Michael R Camara
President
HORNER EZY 3
TANK TIGHTNESS TEST
DATE: 8/20/97
LOCATION: Cumberland Farms #2187
ADDRESS: 1171 Iyanough Road
CITY: Hyannis
CONTACT: Richard Etzold
Tank Capacity
Tank Diameter
Product Type
Inches of Product at Test Time
Inches of Water at Test Time
Gallons of product at Test Time
Gallons of Water at Test Time
Inches of Water from Tank Bottom
Maximum Determined Pressure
Minimum Determined Pressure
Threshold Value
Technician Name (12): Mike Camara
Technician Number (13): MA #0011
Page 1
STATE: MA ZIP: 02601
TANK#: # 1 Regular
(1): 9,520 Gallons
(2): 92"
(3): #1 Regular
(4): 63"
(5): 0"
(6): 7,028 Gallons
(7): 0 Gallons
(8): 0"
(9): 107.72"
(10): 92.72"
(11): 9.3"
Contractor ---- ------ _--- eke s Petroleum Service Inc.
15 Jan Sebastian Way
Sandwich, Ma 02563
508-888-8785
,
HORNER EZ3
TANK TIGHTNESS TEST
DATE.: 8/20/97
Location.: Cumberland Farms #2187
Address.: 1171 Iyanough Road
City.: Hyannis
State.: MA
Contact.: Richard Etzold
Page 2
ZIP.: 02601
Tank#.: #1 Regular
Time Blower Started
>
(14):
9:30 AM
Time @ 50% Max. Press.
>
(15):
9:45 AM
Time at Max. Press.
>
(16):
10:13 AM
Time Blower Turned Off
>
(17):
10:45 AM
Press. after Blow. Turn Off
>
(18):
107.8
Press. at End of Wait. Per.
>
(19):
103.7
Difference During the Wait
>
(20):
4.1
Time Blower on
>
(21):
11:00 AM
Time Blower Off
>
(22):
11:15 AM
Press. after Blower. Turn Off ==>
(23):
107.8
Press. at End of Wait. Per.
>
(24):
104.4
Diff, During Wait
>
(25):
3.4
Time Blower On
>
(26):
11:30 AM
Time Blower Off
>
(27):
11:45 AM
Press. at Conclusion
>
(28):
108
WATER SENSOR CALIBRATION
#1
#2
#3
START (32);
(35):
(38):
END (33):
(36):
(39):
DIF. (34): 0
(37): 0
(40):
0
AVERAGE (41): 0.000
A Factor:
Technician Name (30): Mike Camara
Technician Number (31): MA #0011
DATE:
8/20/97
LOC:
Cumberland Farms, Rte 132, Hyannis
TANK UN 1 Reg N/L
TIME
DATA
+/- RPH
1
11:45 AM
108.0
2
11:50 AM
106.8
1.2
14.4
3
11:55 AM
105.8
1.0
13.2
4
12:00 PM
104.8
1.0
12.8
5
12:05 PM
103.8
1.0
12.6
6
12:10 PM
102.9
0.9
12.2
7
12:15 PM
102.0
0.9
12.0
8
12:20 PM
101.3
0.7
11.5
9
12:25 PM
100.8
0.5
10.8
10
12:30 PM
100.2
0.6
10.4
11
12:35 PM
99.7
0.5
10.0
12
12:40 PM
99.3
0.4
9.5
13
12:45 PM
98.9
0.4
9.1
14
12:50 PM
98.6
0.3
8.2
15
12:55 PM
98.2
0.4
7.6
16
1:00 PM
97.8
0.4
7.0
17
1:05 PM
97.4
0.4
6.4
PAGE 3
DATA
+/-
A
L/G
RPH
0.000
0.000
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0:000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
M
HORNER EZY 3
TANK TIGHTNESS TEST
DATE: 8/20/97
LOCATION: Cumberland Farms #2187
ADDRESS: 1171 Iyanough Roar
CITY: Hyannis
CONTACT: Richard Etzold
Inches of Product
Weight of Product
Total Weight of Product in Tank
Inches of Water inTank
Weight of Water
Total Weight of Water in Tank
Total Positive Head Pressure in Tank (3+6)
STATE: MA ZIP:
TANK#: #1 Regular
(4):
x (5):
= (6):
= (7):
Inches of Water Outside Tank (8):
Weight of Water x (9):
Total Weigh of Water Outside Tank (10):
Total Head Pres. After Water Compensation (#7 - #10) = (11):
Required Pressure By Ullage +/-
Minimum Determined Pressure
Add 10 (Diesel) or 15 (Gas)
Maximum Determined Pressure
+ (12):
(#11 + #12) _ (13):
(#13/.036) _ (14):
+ (15):
= (16):
PAGE 4
02601
63 in.
0.026
1.638 PSI
0 in.
0.036
0 PSI
1.638 PSI
0 in.
0.036
0 PSI
1.638 +/- PSI
1.7
PSI
3.338
+/-PSI
92.72
+/- WC
15
WC
107.72
+/- WC
MAXIMUM DETERMINED PRESSURE = (17): 107.72 WC
MINIMUM DETERMINED PRESSURE = (18): 92.72 WC
THRESHOLD PRESSURE = (19): 9.3
Technician Name (20): Mike Camara Technician Number (21): MA #0011
HORNER EZ3 Page 5
TANK TIGHTNESS TEST
DATE.: 8/20/97
Location.: Cumberland Farms #2187
Address.: 1171 Iyanough Roa;
City.: Hyannis State.: MA ZIP.: 02601
Contact.: Richard Etzold
Tank#.: #1 Regular
Pressure Result Was (22): 6.4
Water Result Was (23): 0.000
Pressure Threshold (24): 9.3
Water Threshold (25): 0.10
Technician Name (26): Mike Camara
Technician Number (27): MA #0011
COMMENTS:
WELL ON SITE (28):
YES
DRILLED WELL (29):
NO
TANK PASSED / FAIL (30):
PASS
THRESHOLD BELOW / ABOVE (31):
9.3
LINE TEST PASS / FAIL (32):
PASS
LEAK DETECTOR OPERATIONAL (33):
YES
CRASH VALVES OPERATIONAL (34):
YES
REASON FOR TEST (35):
CMR-9
TOTAL TESTING @ THIS SITE
TOTAL # OF TANKS TESTED
(36):
4
TOTAL # OF LINES TESTED
(37):
4
TOTAL # OF LEAK DETECTORS TESTED
(38):
4
TOTAL # OF CRASH VALVES TESTED
(39):
8
TOTAL # OF TANKS TESTED FOR CATHODIC PROTECTION
(40):
N/A
TOTAL # OF LINES TESTED FOR CATHODIC PROTECTION
(41):
N/A
Customer Signature;
Technician Signature;
HORNER EZY 3
TANK TIGHTNESS TEST
DATE: 8/20/97
LOCATION: Cumberland Farms #2187
ADDRESS: 1171 Iyanough Road
CITY: Hyannis
CONTACT: Richard Etzold
Tank Capacity
Tank Diameter
Product Type
Inches of Product at Test Time
Inches of Water at Test Time
Gallons of product at Test Time
Gallons of Water at Test Time
Inches of Water from Tank Bottom
Maximum Determined Pressure
Minimum Determined Pressure
Threshold Value
Technician Name (12): Mike Camara
Technician Number (13): MA #0011
Page 1
STATE: MA ZIP: 02601
TANK#: Super
(1): 9,520 Gallons
(2): 92"
(3): Super
(4): 69"
(5): 0"
(6): 7,752 Gallons
(7): 0 Gallons
(8): 0"
(9): 103.72"
(10): 88.72"
(11): 8.9"
Contractor---------------
Mike's Petroleum Service Inc
15 Jan Sebastian Way
Sandwich, Ma 02563
508-888-8785
1
HORNER EZ3
TANK TIGHTNESS TEST
DATE.: 8/20/97
Location.: Cumberland Farms 92187
Address.: 1171 Iyanough Road
City.: Hyannis
State.: MA
Contact.: Richard Etzold
Page 2
ZIP.: 02601
Tank#.: Super
Time Blower Started
>
(14):
9:30 AM
Time @ 50% Max. Press.
>
(15):
9:44 AM
Time at Max. Press.
>
(16):
10:08 AM
Time Blower Turned Off
>
(17):
10:40 AM
Press. after Blow. Turn Off
>
(18);
104.4
Press. at End of Wait. Per. ====>
(19):
96.8
Difference During the Wait
>
(20):
7.6
Time Blower on
>
(21):
10:55 AM
Time Blower Off
>
(22):
11:10 AM
Press. after Blower. Turn Off
>
(23):
103.6
Press. at End of Wait. Per.
>
(24):
99
Diff. During Wait
>
(25):
4.6
Time Blower On
>
(26):
11:25 AM
Time Blower Off
>
(27):
11:40 AM
Press. at Conclusion
>
(28):
103.8
WATER SENSOR CALIBRATION
#1
#2
#3
START (32): (35): (38):
END (33):
(36): (39):
DIF. (34): 0
(37): 0 (40): 0
AVERAGE (41): 0.000 A Factor:
Technician Name
Technician Number
(30): Mike Camara
(31): MA 90011
DATE:
8/20/97
LOC:
Cumberland Farms , RTE 132, Hyannis
TANK EINO Super
TIME
DATA
+/-
RPH
1
11:40 AM
103.8
2
11:45 AM
102.5
1.3
15.6
3
11:50 AM
101.4
1.1
14.4
4
11:55 AM
100.4
1.0
13.6
5
12:00 PM
99.0
1.4
14.4
6
12:05 PM
98.3
0.7
13.2
7
12:10 PM
97.3
1.0
13.0
8
12:15 PM
96.6
0.7
12.3
9
12:20 PM
96.1
0.5
11.6
10
12:25 PM
95.4
0.7
11.2
11
12:30 PM
94.8
0.6
10.8
12
12:35 PM
94.1
0.7
10.6
13
12:40 PM
93.7
0.4
10.1
14
12:45 PM
93.3
0.4
9.2
15
12:50 PM
93.1
0.2
8.3
16
12:55 PM
92.9
0.2
7.5
17
1:00 PM
92.8
0.1
6.2
PAGE 3
DATA
+/-
A
L/G
RPH
0.000
0.000
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
HORNER EZY 3
TANK TIGHTNESS TEST
DATE: 8/20/97
LOCATION: Cumberland Farms 92187
ADDRESS: 1171 Iyanough Roar
CITY: Hyannis
CONTACT: Richard Etzold
Inches of Product
Weight of Product
Total Weight of Product in Tank
Inches of Water inTank
Weight of Water
Total Weight of Water in Tank
Total Positive Head Pressure in Tank (3+6)
PAGE 4
STATE: MA ZIP: 02601
TANK#: Super
_ (7):
Inches of Water Outside Tank (8):
Weight of Water x (9):
Total Weigh of Water Outside Tank (10):
Total Head Pres. After Water Compensation (#7 - #10) _ (11):
69 in.
0.026
1.794 PSI
0 in.
0.036
0 PSI
1.794 PSI
0 in.
0.036
0 PSI
1.794 +/-PSI
Required Pressure By Ullage +/-
+ (12):
1.4
PSI
(#11 + #12)
_ (13):
3.194
+/-PSI
Minimum Determined Pressure (#13/.036)
_ (14):
88.72
+/- WC
Add 10 (Diesel) or 15 (Gas)
+ (15):
15
WC
Maximum Determined Pressure
= (16):
103.72
+/- WC
MAXIMUM DETERMINED PRESSURE
_ (17):
103.72
WC
MINIMUM DETERMINED PRESSURE
_ (18):
88.72
WC
THRESHOLD PRESSURE
_ (19):
8.9
Technician Name (20): Mike Camara Technician Number
(21): MA #0011
HORNER EZ3 Page 5
TANK TIGHTNESS TEST
DATE.: 8/20/97
Location.: Cumberland Farms #2187
Address.: 1171 Iyanough Roar
City.: Hyannis State.: MA ZIP.: 02601
Contact.: Richard Etzold
Tank#.: Super
Pressure Result Was
(22):
6.2
Water Result Was
(23):
0.000
Pressure Threshold
(24):
8.9
Water Threshold
(25):
0.10
Technician Name (26): Mike Camara
Technician Number (27): MA #0011
COMMENTS:
WELL ON SITE (28):
YES
DRILLED WELL (29):
NO
TANK PASSED / FAIL (30):
PASS
THRESHOLD BELOW / ABOVE (31):
8.9
LINE TEST PASS / FAIL (32):
PASS
LEAK DETECTOR OPERATIONAL (33):
YES
CRASH VALVES OPERATIONAL (34):
YES
REASON FOR TEST (35):
CMR-9
TOTAL TESTING @ THIS SITE
TOTAL # OF TANKS TESTED
(36):
4
TOTAL # OF LINES TESTED
(37):
4
TOTAL # OF LEAK DETECTORS TESTED
(38):
4
TOTAL # OF CRASH VALVES TESTED
(39):
8
TOTAL # OF TANKS TESTED FOR CATHODIC PROTECTION
(40):
N/A
TOTAL # OF LINES TESTED FOR CATHODIC PROTECTION
(41):
N/A
Customer Signature;
Technician Signature;
i
HORNER EZY 3 Page 1
TANK TIGHTNESS TEST
DATE: 8/20/97
LOCATION: Cumberland Farms #2187
ADDRESS: 1171 Iyanough Road
CITY: Hyannis STATE: MA ZIP: 02601
CONTACT: Richard Etzold TANK#• Plus
Tank Capacity
(1): 9,520 Gallons
Tank Diameter
(2): 92"
Product Type
(3): Plus
Inches of Product at Test Time
(4): 67"
Inches of Water at Test Time
(5): 0"
Gallons of product at Test Time
(6): 7,518 Gallons
Gallons of Water at Test Time
(7): 0 Gallons
Inches of Water from Tank Bottom
(8): 0'
Maximum Determined Pressure
(9): 105.06"
Minimum Determined Pressure
(10): 90.06"
Threshold Value
(11): 9.0"
Technician Name (12): Mike Camara
Technician Number (13): MA #0011
Contractor - --------- - --
Mike sPetroleum Service Inc.
15 Jan Sebastian Way
Sandwich, Ma 02563
508-888-8785
HORNER EZ3 Page 2
TANK TIGHTNESS TEST
DATE.: 8/20/97
Location.: Cumberland Farms #2187
Address.: 1171 Iyanough Road
City.: Hyannis
State.: MA ZIP.: 02601
Contact.: Richard Etzold
Tank#.: Plus
Time Blower Started
>
(14):
9:30 AM
Time @ 501/o Max. Press.
>
(15):
9:43 AM
Time at Max. Press.
>
(16):
10:10 AM
Time Blower Turned Off
>
(17):
10:40 AM
Press. after Blow. Turn Off
>
(18);
105.4
Press. at End of Wait. Per.
>
(19):
99.7
Difference During the Wait
>
(20):
5.7
Time Blower on
>
(21):
10:55 AM
Time Blower Off
>
(22):
11:10 AM
Press. after Blower. Turn Off
>
(23):
105.7
Press. at End of Wait. Per. ====>
(24):
101.6
Diff. During Wait
>
(25):
4.1
Time Blower On
>
(26):
11:25 AM
Time Blower Off
>
(27):
11:40 AM
Press. at Conclusion
>
(28):
105.4
WATER SENSOR CALIBRATION
#1
#2
#3
START (32):
(35):
(38):
END (33):
(36):
(39):
DIF. (34): 0
(37): 0
(40):
0
AVERAGE (41): 0.000
A Factor:
Technician Name (30): Mike Camara
Technician Number (31): MA #0011
DATE:
8/20/97
LOC:
Cumberland Farms, RTE 132, Hyannis
TANK EW#4 Plus
TIME
DATA
+/-
RPH
1
11:40 AM
105.4
2
11:45 AM
104.8
0.6
7.2
3
11:50 AM
103.3
1.5
12.6
4
11:55 AM
102.4
0.9
12.0
5
12:00 PM
101.1
1.3
12.9
6
12:05 PM
100.3
0.8
12.2
7
12:10 PM
99.3
1.0
12.2
8
12:15 PM
98.6
0.7
11.7
9
12:20 PM
97.9
0.7
11.3
10
12:25 PM
97.2
0.7
10.9
11
12:30 PM
96.6
0.6
10.6
12
12:35 PM
96.0
0.6
10.3
13
12:40 PM
95.5
0.5
9.9
14
12:45 PM
95.2
0.3
9.6
15
12:50 PM
94.9
0.3
8.2
16
12:55 PM
94.6
0.3
7.8
17
1:00 PM
94.4
0.2
6.7
PAGE 3
DATA
+/-
A
L/G
RPH
0.000
0.000
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000.
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
HORNER EZY 3 PAGE 4
TANK TIGHTNESS TEST
DATE: 8/20/97
LOCATION: Cumberland Farms #2187
ADDRESS: 1171 Iyanough Roar
CITY: Hyannis STATE: MA ZIP: 02601
CONTACT: Richard Etzold TANK#: Plus
Inches of Product (1):
Weight of Product x (2):
Total Weight of Product in Tank = (3):
Inches of Water inTank (4):
Weight of Water x (5):
Total Weight of Water in Tank = (6):
Total Positive Head Pressure in Tank (3+6) _ (7):
Inches of Water Outside Tank (8):
Weight of Water x (9):
Total Weigh of Water Outside Tank (10):
Total Head Pres. After Water Compensation (#7 - #10) _ (11):
Required Pressure By Ullage +/-
Minimum Determined Pressure
Add 10 (Diesel) or 15 (Gas)
Maximum Determined Pressure
+ (12):
(#11 + #12) _ (13):
(#13/.036) _ (14):
+ (15):
_ (16):
67 in.
0.026
1.742 PSI
0 in.
0.036
0 PSI
1.742 PSI
0 in.
0.036
0 PSI
1.742 +/- PSI
1.5 PSI
3.242 +/-PSI
90.06 +/- WC
15 WC
105.06 +/- WC
MAXIMUM DETERMINED PRESSURE _ (17): 105.06 WC
MINIMUM DETERMINED PRESSURE _ (18): 90.06 WC
THRESHOLD PRESSURE _ (19): 9.0
Technician Name (20): Mike Camara Technician Number (21): MA #0011
HORNER EZ3 Page 5
TANK TIGHTNESS TEST
DATE.: 8/20/97
Location.: Cumberland Farms #2187
Address.: 1171 Iyanough Roar
City.: Hyannis
State.: MA ZIP.: 02601
Contact.: Richard Etzold
Tank#.: Plus
Pressure Result Was
(22): 6.7
Water Result Was
(23): 0.000
Pressure Threshold
(24): 9.0
Water Threshold
(25): 0.10
Technician Name (26): Mike Camara
Technician Number (27): MA #0011
COMMENT.4:
WELL ON SITE (28): YES
DRILLED WELL (29): NO
TANK PASSED / FAIL (30): PASS
THRESHOLD BELOW / ABOVE (31): 9.0
LINE TEST PASS / FAIL (32): PASS
LEAK DETECTOR OPERATIONAL (33): YES
CRASH VALVES OPERATIONAL (34): YES
REASON FOR TEST (35): CMR-9
TOTAL TESTING @ THIS SITE
TOTAL # OF TANKS TESTED
(36):
4
TOTAL # OF LINES TESTED
(37):
4
TOTAL # OF LEAK DETECTORS TESTED
(38):
4
TOTAL # OF CRASH VALVES TESTED
(39):
8
TOTAL # OF TANKS TESTED FOR CATHODIC PROTECTION
(40):
N/A
TOTAL # OF LINES TESTED FOR CATHODIC PROTECTION
(41):
N/A
Customer Signature;_
Technician Signature;
HORNER EZY 3
TANK TIGHTNESS TEST
DATE: 8/20/97
LOCATION: Cumberland Farms 92187
ADDRESS: 1171 Iyanough Road
CITY: Hyannis
CONTACT: Richard Etzold
Tank Capacity
Tank Diameter
Product Type
Inches of Product at Test Time
Inches of Water at Test Time
Gallons of product at Test Time
Gallons of Water at Test Time
Inches of Water from Tank Bottom
Maximum Determined'Pressure
Minimum Determined Pressure
Threshold Value
Technician Name (12): Mike Camara
Technician Number (13)- MA #0011
Page 1
STATE: MA ZIP: 02601
TANK#: Heating Oil
(1): 750 Gallons
(2): 70"
(3): Heating Oil
(4): 7"
(5): 0"
(6): 25 Gallons
(7): 0 Gallons
(8): 0"
(9): 46.58"
(10): 46.58"
(11): 1"
Contractor----—---------
Mike's Petroleum Service Inc
15 Jan Sebastian Way
Sandwich, Ma 02563
508-888-8785
HORNER EZ3
TANK TIGHTNESS TEST
DATE.: 8/20/97
Location.: Cumberland Farms #2187
Address.: 1171 Iyanough Road
City.: Hyannis
State.: MA
Contact.: Richard Etzold
Page 2
ZIP.: 02601
Tank#.: Heating Oil
Time Blower Started
>
(14):
2:50 PM
Time @ 50% Max. Press.
>
(15):
2:51 PM
Time at Max. Press.
>
(16):
2:53 PM
Time Blower Turned Off
>
(17):
3:10 PM
Press. after Blow. Turn Off
>
(18):
47.0
Press. at End of Wait. Per.
->
(19):
Difference During the Wait
>
(20):
47.0
Time Blower on
>
(21):
Time Blower Off
>
(22):
Press. after Blower. Turn Off
>
(23):
Press. at End of Wait. Per.
>
(24):
Difl: During Wait
>
(25):
0
Time Blower On
>
(26):
Time Blower Off
>
(27):
Press. at Conclusion
>
(28):
WATER SENSOR CALIBRATION
#1
#2
#3
START (32):
(35):
(38):
END (33):
(36):
(39):
DIF. (34): 0
(37): 0
(40):
0
AVERAGE (41): 0.000
A Factor:
Technician Name (30): Mike Camara
Technician Number (31): MA #0011
DATE:
8/20/97
LOC:
Cumberland Farms, RTE 132, Hyannis
TANK II)A#2 Fuel Oil
TIME
DATA
+/-
RPH
1
3:10 PM
47.0
2
3:15PM
47.0
0.0
0.0
3
3:20 PM
47.1
-0.1
-0.6
4
3:25 PM
47.1
0.0
-0.4
5
3:30 PM
47.1
0.0
-0.3
6
3:35 PM
47.1
0.0
-0.2
7
3:40 PM
47.1
0.0
-0.2
8
3:45 PM
47.2
-0.1
-0.3
9
3:50 PM
47.2
0.0
-0.3
10
3:55 PM
47.2
0.0
-0.3
11
4:00 PM
47.2
0.0
-0.2
12
4:05 PM
47.2
0.0
-0.2
13
4:10 PM
47.2
0.0
-0.2
14
4:15 PM
47.3
-0.1
-0.3
PAGE 3
DATA
+/-
A
L/G
RPH
0.000
0.000
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
.0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
0.000
0.000
0.000
0.000
0.0
HORNER EZY 3
TANK TIGHTNESS TEST
DATE: 8/20/97
LOCATION: Cumberland Farms 92187
ADDRESS: 1171 Iyanough Roa(
CITY: Hyannis
CONTACT: Richard Etzold
Inches of Product
Weight of Product
Total Weight of Product in Tank
Inches of Water inTank
Weight of Water
Total Weight of Water in Tank
Total Positive Head Pressure in Tank (3+6)
STATE: MA ZIP:
TANK#: Heating Oil
= (7)
Inches of Water Outside Tank (8):
Weight of Water x (9):
Total Weigh of Water Outside Tank (10):
Total Head Pres. After Water Compensation (#7 - #10) = (11):
Required Pressure By Ullage +/-
Minimum Determined Pressure
Add 10 (Diesel) or 15 (Gas)
Maximum Determined Pressure
+ (12):
(#11 + #12) _ (13):
(#13/.036) _ (14):
+ (15):
= (16):
MAXIMUM DETERMINED PRESSURE = (17):
MINIMUM DETERMINED PRESSURE = (18):
THRESHOLD PRESSURE = (19):
PAGE 4
02601
7 in.
0.031
0.217 PSI
0 in.
0.036
0 PSI
0.217 PSI
0 in.
0.036
0 PSI
0.217 +/-PSI
1.1 PSI
1.317 +/-PSI
36.58 +/- WC
10 WC
46.58 +/- WC
46.58 WC
36.58 WC
1.0
Technician Name (20): Mike Camara Technician Number (21): MA #0011
HORNER EZ3 Page 5
TANK TIGHTNESS TEST
DATE.: 8/20/97
Location.: Cumberland Farms #2187
Address.: 1171 Iyanough Roar
City.: Hyannis State.: MA ZIP.: 02601
Contact.: Richard Etzold
Tank#.: Heating Oil
Pressure Result Was (22):
0.3
Water Result Was (23):
0.000
Pressure Threshold (24):
1.0
Water Threshold (25):
0.10
Technician Name (26): Mike Camara
Technician Number (27): MA #0011
COMMENT&
WELL ON SITE (28):
YES
DRILLED WELL (29):
NO
TANK PASSED / FAIL (30):
PASS
THRESHOLD BELOW / ABOVE (31):
1.0
LINE TEST PASS / FAIL (32):
PASS
LEAK DETECTOR OPERATIONAL (33):
YES
CRASH VALVES OPERATIONAL (34):
YES
REASON FOR TEST (35):
CMR-9
TOTAL TESTING @ THIS SITE
TOTAL # OF TANKS TESTED
(36):
4
TOTAL # OF LINES TESTED
(37):
4
TOTAL # OF LEAK DETECTORS TESTED
(38):
4
TOTAL # OF CRASH VALVES TESTED
(39):
8
TOTAL # OF TANKS TESTED FOR CATHODIC PROTECTION
(40):
N/A
TOTAL # OF LINES TESTED FOR CATHODIC PROTECTION
(41):
N/A
Customer Signature;_
Technician Signature;
PAGE 1
PETRO TITE LINE TEST
DATA CHART
DATE:
8120197
CONTRACTOR:
LOCATION:
Cumberland Fazms #2187
Mike's Petroleum Service Inc.
ADDRESS:
1171 Iyanough Road
15 Jan Sebastian Way
TOWN:
Hyannis
Sandwich,
Ma 02563
STATE
Ma ZIP: 20653
508-888-8785
/ 800-564-0311
CONTACT:
Harbor MafRi.chard Etzold
REASON FOR TEST: CMR-9
IS TANK TEST BEING CONDUCTED WITH LINE TEST:
YES
TYPE OF SYSTEM:
Pressure
DISPENSER/PUMP MANUFACTURER:
S/F
WEATHER:
70's
COMMENTS:
Tested 4 Lines
1-11: IDENTIFY EACH LINE AS TESTED:
Reg N/L
DATE:
8120197
---------------------------------------------------------------------
12.)
13.) 14.) PRESSURE
15.)
VOLUME
LOG OF PSI
READING
TIME:
TEST
NET
PROCEDURES BEFORE AFTER
BEFORE
AFTER
CHANGE
9:50 AN
Start Test 60.0
0.0585
10:05 AM
58.0 60.0
0.0595
0.0570
-0.0025
10:20 AN
58.0 60.0
0.0570
0.0560
-0.0010
10:35 AN
58.0 60.0
0.0560
0.0550
-0.0010
10:50 AM
58.0 60.0
0.0550
0.0540
-0.0010
11:05 AN
59.0 60.0
0.0540
0.0535
-0.0005
BLEED BACi 60.0 0.0
0.0535
0.0550
0.0015
LINE PASS OR FAIL (RATE IN GALLONS PER HOUR): PASS -0.004
LEAK DETECTOR OPERATIONAL: YES
2-11: IDENTIFY EACH LINE AS TESTED: Super
DATE: 8120197
---------------------------------------------------------------------
12.) 13.) 14.) PRESSURE 15.) VOLUME
LOG OF PSI READING
TIME: TEST ---- NET
PROCEDURES BEFORE AFTER BEFORE AFTER CHANGE
11:10 AM Start Test
60.0
0.0590
11:25 AM
58.0
60.0
0.0590
0.0575
-0.0015
11:40 AM
57.0
60.0
0.0575
0.0560
-0.0015
11:55 AM
59.0
60.0
0.0560
0.0545
-0.0015
12:10 PM
59.0
60.0
0.0545
0.0535
-0.0010
BLEED BACi
60.0
0.0
0.0535
0.0560
0.0025
LINE PASS OR FAIL (RATE IN GALLONS PER HOUR): PASS -0.006
LEAK DETECTOR OPERATIONAL: YES
l
3-11: IDENTIFY EACH LINE AS TESTED:
PLUS
DATE:
8120197
---------------------------------------------------------------------
12.)
13.)
14.)
PRESSURE
15.)
VOLUME
LOG OF
PSI
READING
TIME:
TEST
NET
PROCEDURES
BEFORE
AFTER
BEFORE
AFTER
CHANGE
12:15 PM
Start Test
60.0
0.0450
12:30 04
56.0
60.0
0.0450
0.0430
-0.0020
12:45 PM
57.0
60.0
0.0430
0.0410
-0.0020
1:00 PM
58.0
60.0
0.0410
0.0405
-0.0005
1:15 PM
58.0
60.0
0.0405
0.0400
-0.0005
1:30 PM
60.0
60.0
0.0400
0.0400
0.0000
BLEED BACi
60.0
0.0
0.0400
0.0450
0.0050
LINE PASS
OR FAIL (RATE
IN GALLONS PER
HOUR):
PASS
-0.003
LEAK DETECTOR OPERATIONAL:
YES
4-11: IDENTIFY EACH LINE AS TESTED:
Diesel
DATE:
8120197
---------------------------------------------------------------------
12.)
13.)
14.)
PRESSURE
15.)
VOLUME
LOG OF
PSI
READING
TIME:
TEST
-
NET
PROCEDURES
BEFORE
AFTER
BEFORE
AFTER
CHANGE
1:35 PM
Start Test
60.0
0.0850
1:50 PM
55.0
60.0
0.0850
0.0800
-0.0050
2:05 PM
57.0
60.0
0.0800
0.0780
-0.0020
2:20 PM
59.0
60.0
0.0780
0.0770
-0.0010
2:35 PM
59.0
60.0
0.0770
0.0760
-0.0010
BLEED BACi
60.0
0.0
0.0760
0.0775
0.0015
LINE PASS OR FAIL (RATE IN GALLONS PER HOUR): PASS -0.009
LEAK DETECTOR OPERATIONAL: YES
Mail completed forms with test results to: Charlotte Stiefel, Barnstable County Dept. of liealtl, & the Environment, Box 427, Barnstable, MA 02630
TIGHTNESS TEST SUMMARY REPORTING FORM FOR BARNSTABLE COUNTY
Testing company: A,S �< <� l t 1c Phone: `. Date of test: o �
Site name: C-r- Location: U 4 <
Site phone: Name of contact person at site:
TANK
N
TYPE OF PRODUCT
TANK
SIZE
(gals)
PUMP
TYPE
«(E,N,P)
SYSTEM TEST
(tank and lines
together) YIN
SEPARATE
LINE TEST
YIN
TEST METHOD NAME
LEAK
RATE
RESULT:
PASS/
FAIL
D.✓-
(o ,
70
Ze
T-fPE OF PROD41cr,
AND DISPENSER
LOCATION
TEST METHOD NAME
RESULT:
VANNI
FAIL
wivi-WUNAWI-Mm
Y/N or N/A
r WAOF I gm
Ess, M
, Me
rA
M-
WE
W,
FAV
- as=curopcan suction systcm
COMMENTS: /
one circus, varvc, ar usspcnscr/, n non-nuropcan suctions stcm kcnccs vaivc at taru,;, r=pressunzcu systcm
__,certify that the above information is true and cos t, J/ 0 �e�tests were/allied out
rcchnician na c and C[-- carion nun, cr
according to (lie testing equipment manufacturers' g.uldellnes. Signature: �?.?��
;Fr-T
William F. Weld
Governor
Trudy Coxe
Secretary, EOEA
David B. Struhs
Commissioner
Commonwealth of Massachusetts
Executive Office of Environmental Affairs
Department of
Environmental Protection
Southeast Regional Office
COPY
March 11, 1996
Cumberland Farms, Inc. Re: BARNSTABLE--BWSC/SMP #4-10850
777 Dedham Street Cumberland Farms/Gulf service
Canton, Massachusetts 02021 1171 Iyanough Road
Transmittal # 100556
INITIAL TIER IC
PERMIT APPLICATION
M.G.L.c.21E and 310 CMR 40.0000
ATTN: Oliver Udemba
DECISION TO GRANT PERMIT
Dear Mr. Udemba:
The Department of Environmental Protection, Bureau of Waste Site Cleanup (the
Department), has concluded it's review of the above -referenced permit
application. Using the criteria contained in 310 CMR 40.0730, the Department is
hereby granting the Tier IC permit. Attached, please find the issued permit and
the permit acceptance statement therein.
Unless a request for an adjudicatory hearing is made pursuant to 310 CMR 40.0770,
in accordance with 310 CMR 40.0750, the permit shall become effective 21 days
after the date of issuance by the Department and the receipt of the signed permit
acceptance statement, whichever is later.
To accept the permit, the applicant shall sign and submit to the Department the
completed Permit Acceptance Statement within 30 days of issuance of the permit.
.If the permit is not received within the 30 day deadline, the Department may
consider this permit void. Consequently, you may be required to submit a new
permit application and the appropriate fee in order to obtain a permit to conduct
response actions.
Pursuant to 310 CMR 40.0770, any person who is aggrieved by a decision of the
Department with respect to any Tier I Permit application may request an
adjudicatory hearing before the Department. Please refer to 310 CMR 40.0770 and
310 CMR 40.0050, for conditions upon which an adjudicatory hearing my be
requested.
The Department urges you to review and familiarize yourself with the permit's
terms and conditions of the permit and Mass Contingency Plan (MCP CMR 40.000).
Complete the required response actions with the time lines set forth therein.
Please note that the Department may perform an audit of this site in the
future, in order to ensure compliance with the terms and conditions of the permit
and the requirements of the Massachusetts Contingency Plan (MCP). should this
site become a candidate for an audit, you will be notified promptly.
Please complete the permit acceptance and return it to the Department within 30
days from receipt of this letter.
20 Riverside Drive • Lakeville, Massachusetts 02347 • FAX (508) 947-6557 * Telephone (508) 946-2700
October 5, 1995
Mr. Brian Grady
Chairman of the Board of Health
Barnstable Town Hall
367 Main Street
Hyannis, Massachusetts 02601
Re: Notice of Permit Application and
Tier IC Classification - Legal Notice
Cumberland Farms/Gulf Service Station #2348
1171 Iyanough Road (State Route 132)
Hyannis, Massachusetts
RTN # 4-10850
Dear Mr. Grady:
As required under the Massachusetts Contingency Plan (MCP) 310 CMR 40.1403 (6)(a) and (b), this letter
serves as notification of a Permit Application and Tier IC Classification for the above location. A Legal Notice
pertaining to the Permit Application and Tier IC Classification will appear in the Cape Cod Times on October
11, 1995. A copy of the Tier IC Classification can be found at the Southeast Regional Office of the Department
of Environmental Protection at 20 Riverside Drive in Lakeville, Massachusetts.
Should you have any questions or comments regarding the Tier IC Classification or desire a copy, please do not
hesitate to contact our office or Mr. Oliver Udemba of Cumberland Farms, Inc. at (617) 828-4900.
Sincerely,
Handex of New Englan ,lnc.
Michael J. Farrell
Hydrogeologist
/AL� �r
Michael Bingham, PG, LSP
Senior Hydrogeologist/Project Manager
cc: Mr. Oliver Udemba, CFI, Canton, MA
Mr. Michael Moran, DEP, Southeast Region, Lakeville, MA
398 Cedar Hill Street, Marlborough, MA. 01752 • (508) 481-5750 • FAX (508) 481-5159
IF
William F. Weld
Governor
Trudy Coxe
Secretary, EOEA
Thomas B. Powers
Acting Commissioner
CLOG
Commonwealth ,of Massachusetts
Executive Office of Environmental Affairs
Department of
Environmental Protection
Southeast Regional Office
LE
IFI
March 8, 1995
Cumberland Farms, Inc RE: BARNSTABLE--BWSC
777 Dedham Street 1171 Route 132
Canton, Massachusetts 02021 Hyannis
RTN: 4-11140
NOTICE OF RESPONSIBILITY
M.G.L. c. 21E, 310 CMR 40.0000
ATTENTION:, O1.iver Udemba, Project Manager --
On February 16', 1995, at 4:45. p.m.; the Department of
Environmental Protection (the "Departmeht") received oral
notification of a release and/or threat of release of oil'and/or
hazardous material at the above referenced property which requires
one or more response actions. In addition to oral notification,
310 CMR 40.0333 requires that a completed Release Notification .Form
(BWSC-003, attached) be submitted to the Department within sixty
(60) calendar days of the date of the oral notification.
The Massachusetts Oil and Hazardous Material Release
Prevention and Response Act, M.G.L. c.21E, and the Massachusetts
Contingency Plan (the "MCP"), 310 CMR 40.0000, require the
performance of response. actions to prevent rearm to health, safety,
public welfare and the environment which may result from this
release and/or threat of release and govern the conduct of such
actions. The purpose of this notice is to inform you of your legal
responsibilities under State law for assessing and/or.remediating
the release at this property. For purposes of this Notice of
Responsibility, the terms and phrases used herein shall have the
meaning ascribed to such terms and phrases by the MCP unless the
context clearly indicates otherwise.
The Department has reason to believe that the release and/or.
threat of release which -has been reported is or may be a disposal
site as defined by the M.C.P. The Department also.has reason to
believe that you (as used in this letter, "you" refers 'to
Cumberland Farms) is/are a Potentially Responsible Party (a 11PRP11)
20 Riverside Drive 9 Lakeville, Massachusetts 02347 * FAX (508) 947-6557 • Telephone (508) 946-2700
-2-
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.
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 3.10 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.
At the time of. oral notification to the Department, the
following response actions were approved as an Immediate Response
Action (IRA):
• Assessment only.
• Confirm the super unleaded and plus unleaded tanks'
inventory records. If a discrepancy exists, you must
hydrostatically test the tanks and associated piping.
You must submit these records and results to the
Department within thirty (30) days from receipt of,
this Notice.
Specific approval is required from the Department for the
implementation of all IRAs, with the exception of assessment
activities, the construction of a fence and/or the posting of
signs. This site shall not be deemed to have had all the necessary
and required response actions taken for it unless and until all
substantial hazards presented by the release and/or threat of
release have been eliminated and a level of No Significant Risk
exists or has been achieved in compliance with M.G.L. c.21E and the
MCP.
-3-
Additional submittals are necessary with regard to this
notification .including, but not limited to, the filing of an IRA
Completion Statement and/or a Response Action Outcome (RAO)
statement. The MCP requires that a fee of $75.0.00 be submitted to
the Department when an RAO statement is filed greater than 120 days
from the date of initial notification.
You must employ or engage a Licensed Site Professional (LSP)
to manage, supervise or actually perform the necessary response
actions at this site. You may obtain a list of the names and
addresses of these licensed professionals from the Board of
Registration of Hazardous Waste Site Cleanup Professionals at (617)
556-1145.
If you have any questions relative to this notice, please
contact Michael Moran at the letterhead address or at (508) 946-
2855. All future communications regarding this release must
reference the following Release Tracking Number 4-11140.
Very truly ours,
Richard F. Packard, Chief
Emergency Response / Release
Notification Section
P/MM/jt
CERTIFIED MAIL #001 192 507
RETURN RECEIPT REQUESTED
Attachments: Release Notification Form; BWSC-003 and Instructions.
Summary of Liability under M.G.L. c.21E
cc: Warren J. Rutherford
Town Manager
367 Main Street
Hyannis, MA 02601
Board of Health
Town Hall
367 Main Street
Hyannis, MA 02601
ATTN: Brian R. Grady, R. S.
Board of Fire Commissioners
Hyannis, MA 02601
DEP SERO
ATTN: Andrea Papadopoulos, Deputy Regional Director
Uhl 511'No ,
HANDEX OF NEW ENGLAND, INC., 398 Cedar Hill Street, Marlborough, MA. 01752 • (508) 481-5750 • FAX (508) 481-5159
February 10, 1995
Mr. Brian Grady
Chairman of the Board of Health
Barnstable Town Hall
367 Main Street
Hyannis, MA 02601
RE: Notice of Document Availability -
Phase 1 Site Investigation Report
Cumberland Farms%Gulf Service Station # 2348
1171 State Route 132 (lyanough Road)
Barnstable (Hyannis), Massachusetts 02601
RTN 4-10850 . . ,
Dear Mr. Grady:
accordance withl'the Massachusetts Contingency Plan (MCP) 310 CMR 40.1403 (3e)
this'-letter�is provided,'on behalf of Cumberland Farms, Inc., (CFI) as Notice of Document
Availability of the Phase I Site Investigation Report relative to the above location. The
MCP states that all Phase Reports submitted to the Department of Environmental
Protection (DEP) shall be made available to the Chief Municipal Officer and Director of the
Board of Health of the appropriate community. If you would like to obtain a photocopy
of the Phase I Site Investigation Report regarding the above location, please contact Mr.
Oliver Udemba, Senior Project Engineer of CFI, at (617) 828-4900, ext 3415.
Sincerely,
,Handex of New England, Inc.
William J.. Brochu
Hydrogeologist '
Michael- P - dingham, LSP
Senior MHydrogeologist/Projecct Manager-.
cc '`Mr.Y Oliver Udemba, CFI, Canton, MA
Mr. Michael Moran, DEP, Southeast Region, Lakeville, MA
A SUBSURFACE .RECOVERY COMPANY
Commonwealth of Massachusetts
Executive Office of Environmental Affairs
Department of
Environmental Protection
Southeast Regional Office
William F. Weld
Governor
Trudy Coxe
Secretary, EOEA
Thomas B. Powers.
Acting Commissioner
Cumberland Farms, Inc.
777 Dedham Street
Canton, Massachusetts 02021
D0nM1DrT AOrPTnNT 1
November 28, 1994.
U, J
RE: BARNSTABLE--BWSC
1171 Route 132
Hyannis
4-10952
NOTICE OF RESPONSIBILITY
M.G.L. c. 21E, 310 CMR 40.0000
ATTENTION: Oliver Udemba
On November 25, 1994, at 2:45 p.m., the Department of
y Environmental Protection. (the "Department") received oral
notification of a release and/or threat of release of oil and/or
hazardous material at the above referenced property which requires
one or more response actions. In addition to oral notification,
310 CMR 40.0333 requires that a completed Release Notification Form
(BWSC-003, attached) be submitted to the Department within sixty
(66) calendar days of the date of the oral notification.
The Massachusetts Oil and Hazardous Material Release
Prevention and Response Act, M.G.L. c.21E, and the Massachusetts.
Contingency Plan. (the "MCP"), 310 CMR 40.0000, require the
performance of response actions to prevent harm to health-, safety,.
public welfare and the environment which may result from this
release and/or threat of release and govern the conduct of such
actions. The purpose of this notice is to inform you of your legal
responsibilities under State law for assessing and/or remediating
the release. at this property. For purposes of this Notice of
Responsibility, the terms and phrases used herein shall have the
meaning ascribed to such terms and phrases by the MCP unless the
context clearly indicates.otherwise.
The Department has reason to believe that the release and/or
threat of release which has been reported is or may be a disposal
site as defined by the M.C.P. The Department also has reason to
believe.that you (as used in this letter, "you" refers to
20 Riverside -Drive • - Lakeville, Massachusetts 02347 • FAX (508) 947-6557 • Telephone (508) 946-2700-
-2-
Cumberland Farms, Inc.) is/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.
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.
At the time of oral notification to the Department, the
following response actions were approved as an Immediate Response
Action (IRA):
• Assessment only.
•, Confirm the unleaded gasoline and diesel fuel inventory
records in two (2) weeks. If a discrepancy still exists,
you shall hydrostatically test the tanks and associated
piping. You shall submit the results in writing within
thirty (30) days. -
Specific approval is required from the Department for the
implementation of all IRAs, with the exception of assessment
activities, the construction of a fence and/or the posting of
signs. This site shall not be deemed to have had all the necessary
and required response actions taken for it unless and until all
substantial hazards presented by the release and/or threat of
release have been eliminated and a level of No Significant Risk
exists or. has been achieved in compliance. with M. G. L. c. 21E and the
MCP.
Additional submittals are necessary with regard to this
notification including, but not limited to, the filing of an IRA
Completion Statement and/or a Response Action Outcome (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.
-3-
You must employ or engage,a Licensed Site Professional (LSP)
to manage, supervise or actually perform the necessary response
actions at this site. You may obtain a list of the names and
addresses of these licensed professionals from the Board of
Registration of Hazardous Waste Site Cleanup Professionals at (617)
556-1145.
If you have any questions relative to this notice, please
contact Robert Kearns at the letterhead address or at (508) 946-
2865. All future communications regarding this release must
reference the following Release Tracking Number: 4-10952.
Very truly yours,
Richard.F. Packard, Chief
Emergency Response / Release
Notification Section
P/RK/jt
CERTIFIED MAIL #Z235 539 868
RETURN RECEIPT REQUESTED
Attachments: Release Notification Form; BWSC-003 and Instructions
¢ Summary of Liability under M.G.L. c.21E
cc: Board of Selectmen
367 Main Street
Hyannis, MA 02601
ATTN: Warren E. Hansen, Chairman
Board of Health
367 Main Street
Hyannis, MA 02601
ATTN: Brian R. Grady, R.S., Chairman
Fire Department
3249 Main Street
Barnstable, MA 02630.
DEP - SERO
ATTN: Andrea Papadopoulos, Deputy Regional Director
Commonwealth of Massachusetts
Executive Office of Environmental Affairs
Department of
Environmental Protection
Southeast Regional Office
William F. Weld
Governor
Trudy Coxe
Secretary, EOEA .
Thomas B. Powers
Acting Commissioner
URGENT LEGAL MATTER: PROMPT ACTION NECESSARY
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
PY
October 19, 1994
Cumberland Farms, Inc RE: BARNSTABLE--BWSC/4-10850
777 Dedham Street Route 132 & Bearses
Canton, Massachusetts 02021
NOTICE.OF RESPONSIBILITY.
M.G.L. c. 21E, 310 CMR 40.0000
ATTENTION: Ms. Janice. Gregory
.On October 14, 1994, at 10:15 a.m., the Department of
Environmental Protection (the . "Department") received oral
notification of a release and/or threat of release of oil and/or
hazardous material at the above referenced property which requires
one or more response actions. In addition to oral notification,
310 CMR 40.0333 requires that a completed Release Notification Form
(BWSC-003; attached) be submitted to the Department within sixty
(60) calendar days of the date of the oral notification.
The Massachusetts. Oil and Hazardous Material Release
Prevention and Response Act, M.G.L. c.21E, and the Massachusetts
Contingency Plan (the "MCP"), 310 CMR 40.0000, require the
performance of response actions to prevent harm to health, safety,
public welfare and the environment which may result from this
release and/or threat of release and govern the conduct of such
actions. The purpose of this notice i_s to inform you of your legal
responsibilities under State law for assessing and/or remediating
the release at this property. For purposes of this Notice of
Responsibility, the terms and phrases used herein shall have the
meaning ascribed to such terms and phrases by the MCP unless the
context clearly indicates otherwise.
20 Riverside Drive • Lakeville, Massachusetts 02347 9 FAX (508) 947-6557 9 Telephone (508) 946-2700
-2-
The.Department has reason to believe that the release and/or
threat of release which has been reported is or may be a disposal
site as defined by the M.C.P. The Department also has reason to
believe that you (as used in this letter, "you" refers to
Cumberland Farms, Inc.) is/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 otherperson. 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.
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.
At the time of oral notification to the Department, the
following response actions were approved as an Immediate Response
Action (IRA)
• Assessment only.
Specific approval is required from the Department for the
implementation of all IRAs, with the exception of assessment
activities, the construction of a fence and/or the posting of
signs. This site shall not be deemed to have had all the necessary
and required response actions taken for it unless and until all
substantial hazards presented by the release and/or threat of
release have been, eliminated and a level of No Significant Risk
exists or has been achieved in compliance with M.G.L. c.21E and the
MCP.
Additional submittals are necessary with regard to this
notification including, but not' limited to, . the filing of an IRA
Completion Statement and/or a Response. Action Outcome (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.
-3-
J
You must employ or engage a Licensed Site Professional (LSP)
to manage, supervise or actually perform the necessary response
actions at this site. You may obtain a list of the names and
addresses of these licensed professionals from the Board of
Registration of Hazardous Waste Site Cleanup Professionals at (617)
556-1145:
If you have any questions relative to this notice, please
contact Michael Moran at the letterhead address or at (508) 946-
2855. All future communications regarding this release must
reference the following Release Tracking Number: 4-10850.
Very truly yours,
Richard F. Packard, Chief
Emergency Response Section
P/MM/jt
CERTIFIED MAIL #Z235 539 846
RETURN RECEIPT REQUESTED
Attachments: Release Notification Form; BWSC-003 and Instructions
Summary of Liability under M.G.L. c.21E
cc: Board of Selectmen
Town Hall
367 Main Street
Hyannis, MA 02601
ATTN: Warren E. Hansen,.Chairman
Board of Health
Town Hall
361 Main Street
Hyannis, MA 02601
ATTN: Brian R. Grady, R.S., Chairman
Fire Department
3249 Main -Street
Barnstable, MA 02630
DEP - SERO
ATTN: Andrea Papadopoulos, Deputy.Regional Director
TOWN OF
BOARD
BARNSTABLE
OF HEALTH
COMPANY L
ADDRESS IQ,
l!7/lyw,"rV
COMPLIANCE:
satisfactory
unsatisfactory -
(see "Orders")
lass:
CLASS: 1. Marine, Gas Stations, Repair
2. Printers
3. Auto Body Shops
4. Manufacturers
5. Retail Stores
6. Fuel Suppliers
7. Miscellaneous
S AND STORAGE (IN= indoors; OUT=outdoors)
MAJOR
1
• .
,
5=�
IN OUT
IN
OUT
IN
OUT
# & gallons
Age
Test
Fuels:
Gasoline, Jet Fuel (A)
Diesel, Kerosene, #2 (B)
Heavy Oils:
waste motor oil (C)
motor oil �
new
lJ`•
ti
�ransmisTsio • ydraulic
Synthetic Organics:
degreasers
Miscellaneous:
11
X
�.
F_
"'oT
`
It N GAS
64
DISPOSAURECLAMATION REMARKS: 1701
�
1. Sanitary Sewag �j�p 2. W ter Supply L5d -,x
O.Town Sewer, ",�,( ublic
On -site co rivate
J �
3. Indoor Floor Drains YESNO
O Holding tank: MDC -L4
AeK '
O Catch basin/Dry well
O On -site system ol
4. Outdoor Surface drains: YES NO
Q Holding tank: MDC
O Catch basin/Dry well
O On -site system
5. Waste Transporter
Name of Hauler Destination Waste Product
YES NO
1.
2.
.TOWN OF RARNSTAC3LE COMPLIAHCHI" CLASS; 1. Marine,Gas Stations,Rfpair
11 OF HEALTH . ! ® satisfactory 2. Printers
CIMR � 3. tutu Body Shops
/ / Q unsatisfactory- 4. lanufacturers
COMPANY V�G-' (see "Orders") S. Retail Stores
6. Fuel Suppliers
ADDRESSo�fi,_�-'Q��' r�W!'iJ Class; 7. Miscellaneous
QUANTITIES AND STORAGE (IN=indoors; OUT -outdoor
Irasa.Ints Drums 1 AbcsveTanks I UndetRrotind Tanks
MAJOR MATERIALS -
Fuels:,
• Gasoline, Jet Fuel (A).
Diesel, Kerosene, 02 (B)
Heavy Oils:
waste motor oil• (C)
newmotor oiI (C)
•;---, transmission/hydraulic
.-Synthetic Organics:
degreasers
r
Miscellaneous: (b r
f. 1
(GA
a
1. Sanitary Sewage 2. Water Supply a
O Town Sewer O Public I„ 1 ,r \ o 0\'I I( ; A, N (-
On -site Private ���� "",� �-V
3. Indoor Floor Drains: YES NO w /1 A/ 1
Q _Y
Holding tank: MDC
Catch basin/Dry well
O V '
k • ..�.�.........- .. �. .. LL..
On -site system t > r" o .140 . `^
4. Outdoor Surface drains;YES NO W
rlOfn j 1c-
Q HoldinL tank: MDC �c �' / V h)
O Catch basin/Dry wall 0� '�C� � t" ! f?��.ILlr��
0 On -site system
S. Waste Transporter UIL Licensed?
_Nam4�S2�11aulm _Destination asto Product. �tF I NO
12 2J 01 Person(s) Interviewe �` L� Inspector Date'
TOWN OF BARNSTABLE
L�OCCATIO SEWAGE
VILLAGE (.�WAY% 14 ASSESSOR'S MAP & LOT
*.t' Cn�.: (T- at.l
INSTALLER'S NAME & PHONE NO. A & B CAM INN- .) j�'�91
SEPTIC TANK CAPACITY ( 000 qd.5
i.
LEACHING FACILITY:(type) �,_� -- I C t� (size) ( &"UZ"----)
NO. OF BEDROOMS PRIVATE WELL OR. PUBLIC WATER,
BUILDER OR OWNER (2Iaa F Qrms G'a/� S.2tu�ce cS io►v
DATE PERMIT ISSUED: N l�
DATE COMPLIANCE ISSUED: I4 A -
VARIANCE GRANTED: Yes No
15►0
If you have any questions, please contact Mark Jablonski at 508-946-2819.
Sincere y,
rard M. Martin
cting Section Chief
Site Management S Permit Section
GM/MJ/ka
Attachments
cc: Handex
398 Cedar Hill Street
Marlborough, Massachusetts 01752
ATTN: Michael Bingham, LSP
Barnstable Board of Health
Town Hall
367 Main Street
Hyannis, Massachusetts 02601
ATTN: Brian Grady
Barnstable Board of Selectmen
Town Hall
367 Main street
Hyannis, Massachusetts 02601
ATTN: Warren Hansen
DEP-BWSC-SERO
Attn: A. Papadopoulos, Deputy Regional Director
J. Hobill, Acting Regional Engineer
Data Entry
i�
Massachusetts Department of Environmental Protection
Bureau of Waste Site Cleanup (BWSC)
TIER I PERMIT
This Permit is Issued to:
M One Permittee
❑ More than One Permittee*
*A list of all Permittees is attached.
One Permittee:
Name of Organization:
Permittee Name:
Title or c/o:
Street:
City/Town:
Telephone:
Cumberland Farms Inc.
Oliver Udemba
Senior Project Manager
777 Dedham Street
Canton State MA Zip code
617-828-4900
For DEP Use Only
Effective Date:
Expiration Date:
02021-9118
DEP Finding Concerning Tier Classification
r
Tier IA (BWSC01) ' ❑ Tier IB (BSWCO2) V/ Tier IC (BWSC03) Permit No. 100556
This permit authorizes the performance of comprehensive remedial response actions at:
Disposal Site Number: 4-10850
Disposal Site Name: Cumberland Farms/Gulf Service Station
Street: 1171 Iyanou hg Road
City/Town: Barnstable State MA Zip code 02601
Unless a request for an adjudicatory hearing is made pursuant to 310 CMR 40.0770, this permit
shall be effective 21 days after the date of issuance by the Department and the receipt of the
signed Permit Acceptance Statement, whichever is later. The Permittee has 30 days from the
date of issuance of this Tier I Permit to sign and submit the completed Permit Acceptance
Statement to the Department.
This permit shall expire 5 years from its effective date.
Tier I Permit
7/22/94
1
Permit Conditions
(1) The permitee(s) performing response actions pursuant to this Tier I Permit shall comply at
all times with M.G.L. c. 21E, 310 CMR 40.0000, the terms and conditions of the permit and
any other applicable federal, state or local law.
(2) In every proceeding, the burden shall be on the Permittee to demonstrate compliance with
the terms and conditions of a permit at all times.
(3) Each Permittee shall comply with:
(a) submittal of a Class A, B or C Response Action Outcome Statement within five
years of the effective date of the permit, sinless otherwise provided in the permit;
(b) submittal of a copy of the signed and completed Permit Acceptance Statement
required by 310 CMR 40.0750(2) to the Chief Municipal Officer(s) and the local boards
of health for the communities where the disposal site is located, and to any member of
the public identified in the Department's Statement of Basis.
(c) notification in writing to the Department:
1. as required in 310 CMR 40.0500;
2. upon gaining knowledge of any technical, financial or legal inability to
perform any necessary response action, in accordance with 310 CMR
40.0172;
3. upon a decision by a permittee who is performing response actions as an
Other Person to not proceed as required by the permit; and
4. of any change in the LSP of Record for the disposal site no later than ten
days after the effective date of such change through the filing of a Minor
Permit Modification by the permittee in accordance with 310 CMR
40.0725;
(d) compliance with:
1. all applicable submittal requirements, including but not limited to, scopes
of work, Status Reports, Completion Statements, Phase Reports, and
RAOs;
2. all requirements for record keeping and document retention, including
but not limited to 310 CMR 40.0014, 310 CMR 40.0022 and 310 CMR
40.0023;
3. the Notification Regulations, 310 CMR 40.0300, in the event of
discovery of new releases located at the disposal site, threat of release
or Imminent Hazard;
4. the management procedures for excavated soils and wastes and
.requirements for remedial air emissions set forth in 310 CMR 40.0030
and 310 CMR 40.0040; and
5. all public involvement activities required by 310 CMR 40.1400 through
40.1406;
(e) inclusion of the Disposal Site Number and the permit number on documents
submitted to the Department with respect to the disposal site;
(f) certification of documents submitted to the Department as required by 310 CMR
40.0009;
(g) evaluation of the need to perform Immediate Response Actions in accordance with
Tier I Permit
7/22/94 2
310 CMR 40.0400 as new or additional information about the disposal site is
obtained;
(h) modification or cessation of any response action as necessary to maintain compliance
with any permit condition or to prevent an actual or potential threat to health, safety,
public welfare, or the environment;
(i) notification, orally or in writing, to the Department within seventy-two hours of
obtaining knowledge of the need to modify or cease any response actions for the
reasons in 310 CMR 40.0740(3)(h); provided that any such oral notification shall be
confirmed by the permittee in writing within sixty days of such oral notice and any
written notice shall include a Status Report prepared by an LSP; and timely
remediation of any adverse impacts to health, safety, public welfare or the
environment that result from the performance of response actions;
(j) at disposal sites where groundwater investigation is necessary, delineation of the
vertical and horizontal extent of contamination, identification and confirmation of
groundwater flow directions, identification of groundwater migration pathways,
including but not limited to, the identification of possible partitioning of dissolved
volatile organic compounds at the water table interface which may lead to vapor
transport into subsurface structures, homes or other occupied or unoccupied
buildings, and monitoring of groundwater wells, discharges and/or other monitoring
points in a manner which provides for the timely development or representative
information about conditions and changes in conditions at the disposal site;
(k) acquisition of all required federal, state and local permits;
(1) proper operation and maintenance of all treatment, storage, abatement or control
systems and of all equipment required to continue or complete response actions;
(m) authorization for personnel and authorized agents of the Department to enter, at
reasonable times and upon the presentation of credentials, any premises owned or
controlled by the permittee for the purpose of investigating, sampling, or inspecting
any records, conditions, equipment, practice or property relating to response actions
at the disposal site, or protecting health, safety, public welfare, or the environment;
and
(n) notification upon a change of the Primary representative as required by 310 CMR
40.0703(7), if one is designated.
(4) A Tier I Permit does not grant any property rights or exclusive privileges, nor does it
authorize any injury to private property or invasion of property rights.
Special Conditions:
Each permittee shall comply with all Special Conditions if attached to this permit in
Attachment A. Special Conditions are included within this permit:
O Yes* No
*Note: Pursuant to 310 CMR 40.0722(6)(c), a "Statement of Basis" for this permit decision has been prepared
by DEP if special conditions are included with this Permit.
DEP Authorization
Issued by the Department of Environmental Protection:
Name(Print): t ofIssuance:
Signature'\., _G/ A_��EL
Tier I Permit
7/22/94
Notice of Appeal Rights
Any person aggrieved by a decision of the Department with respect to any Tier I permit
application may request an adjudicatory hearing before the Department in accordance with
M.G.L. c. 21E and 310 CMR 40.0050 and 40.0770, within 21 days of the date of issusnce of
the Tier I permit, if:
a) the Department issues a permit for a classification higher than that stated in the LSP Tier
Classification Opinion; or
b) the Department denies the applicant a permit, unless the Department notifies the applicant
in the permit decision that the Department intends to undertake or arrange for the
performance of necessary response actions at the disposal site; or
c) The Department imposes conditions pursuant to 310 CMR 40.0730(o) without the
'applicant's consent.
Tier I Permit
7/22/94 4
Permit Acceptance Statement and
Certification of Submittal
Note: Each Permittee must complete this section and return the signed Permit Acceptance
Statement and Certification of Submittal within 30 days of the date of issuance of this Permit
decision. For disposal sites with more than one Permittee, make copies of this section, have each
Permittee complete this information, and submit all copies to the Department along with the
Acceptance Statement.
Permit Acceptance Statement
I accept this permit and agree to conduct all response actions at this disposal site in accordance
with this Permit and the provisions of 310 CMR 40.0000. I am aware of the requirements set
forth in 310 CMR 40.0172 for notifying the Department in the event that I am unable to proceed
with such response actions.
Name (Print):
Position or title:
Signature:
Date:
Certification of Submittal (The above permittee must also sign the following
certification)
I certify under the penalties of law that I have personally examined and am familiar with the
information contained in this submittal, including any and all documents accompanying this
certification, and that, based on my inquiry of those individuals immediately responsible for
obtaining the information, the material information contained herein is, to the best of my
knowledge and belief, true, accurate and complete. I am aware that there are significant
penalties, including, but not limited to, possible fines and imprisonment, for wilfully submitting
false, inaccurate or incomplete information.
Name (Print):
Position or title:
Signature:
Date:
Tier I Permit
7/22/94 5
This Attachment will be completed by DEP
ATTACHMENT A TO PERMIT NO. 100556
Each Permittee shall comply with the following special conditions:
6d" Check here if not applicable to this permit.
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