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Home My WebLink About1180 IYANNOUGH ROAD/RTE 28 - Health 118; 'Lyannough ,Road . 247-088-B00 247-088.hi00 - - j i+ o I Commonwealth of Massachusetts Executive Office of Environmental Affairs ,. Department of IV-D. D`� Environmental Protection Southeast Regional Office William F.Weld Governor - Trudy Coxe Secretary,EOEA Thomas B. Powers Acting Commissioner June , 3 , 1994 M PCR s ,/Senior V.P. REz BARNSTABLE--WSC-4-1289 C dl Ca on of America Old Harbor Candle Co. /Fmro.9 a y venue, Suite 450 1180 Iyanough Road Des Plaines, Illinois 60018 Permit # 82643 Tier I Transition Classification and Permit Statement Dear Mr. Rose: The Massachusetts Department of Environmental Protection (DEP) has redesigned the Waste Site Cleanup Program. The revised Massachusetts Contingency Plan (11MCP11) and related fee regulations (310 CMR 4 . 00) became effective on October 1, 1993 . The new MCP (310 CMR 40. 0000) includes specific requirements for sites which had been classified as "priority disposal sites" under the 1988 version of the MCP in order for them to make the transition into the redesigned program. (See enclosed Transition Fact Sheet #5 for-.. ,more information. ) This letter is being sent to you regarding the above referenced site which was previously classified as a "priority disposal site" and listed as such on DEP's August 1993 Transition List of Confirmed Disposal Sites and Locations to Be Investigated, or Addendum thereto. Candle Corporation of America has been previously identified as a "Potential Responsible Party" (PRP) for the above-referenced site with liability under MGL c.21E §5. TRANSITION CLASSIFICATION Under the new MCP, sites will be classified as either Tier I or Tier II. All Tier I sites require permits to proceed with assessment and remediation. Sites classified as Tier IA will be_ . . managed by a Licensed Site Professional (LSP) under the -Department's direct oversight. Tier IB and IC sites will be managed by LSPs and will not receive direct oversight by DEP, but will be subject to DEP audit. The Transition regulations of the new MCP (310 CMR 40. 0640) categorically classify all sites which had been listed as "priority disposal sites" as Tier IA sites. The new regulations allow DEP 20 Riverside Drive 9 Lakeville,Massachusetts 02347 • FAX(508)947-6557 9 Telephone (508) 946-2700 -2- „ to determine the nature and extent of Departmental oversight required for transition priority disposal sites and, based on the criteria in 310 CMR 40. 0730, classify them as Tier IB sites instead of the categorical Tier IA. Using these criteria and existing available information, the Department has determined that the above-referenced site is classified as Tier IB. TRANSITION PERMIT STATEMENT The new MCP does not require submittal of a new permit application for priority disposal sites. Instead, DEP will issue a "Transition Classification and Permit Statement" (Transition Statement) to . those with potential liability under MGL c.21E §5 which describes the site's classification and the terms of the transition permit. This Statement, if signed and dated by the PRP, or other person performing the response actions, becomes a valid Tier I permit for the site effective upon its receipt by the Department. The Transition Statement for the above-referenced site is attached for your review and action. According to 310 CMR 40. 0640 (3) , you must return the Transition Statement to DEP within 120 days of your receipt of .this letter indicating whether you (1) accept .the terms of the Transition Statement, (2) disagree with DEP'.s classification of the site, or (3) do not accept the terms of the Transition Statement. These options are as follows: (1) Accept Transition Statement: To ,accept the terms of the Transition Statement, please sign and date both copies of the Statement at Paragraph 11111 and return one copy to this office. (Please also send a copy of one of the signed Transition Statements to the Chief Municipal Official and Chairman of the Board of Health. ) Annual Compliance Fees for Tier IB . will be assessed starting October 1, 1993 . The Tier IB Transition Permit_ is effective upon the Department's receipt of the signed and dated Transition Statement (310 CMR . 40.0640 (3) (b) l.a] (2) Disagree with Transition Statement: If you do not agree. with the Department's determination that this site should be classified as Tier IB because, in the Opinion of an LSP, the site should be reclassified as IC or Tier II, sign and date - both copies of the Statement at Paragraph 11211 and return one copy to this office within 120 days. (Please also send a copy of one of the signed Transition Statements to the Chief Municipal Official and Chairman of the Board of Health. ) In order to change the site's permit category and in order to continue response actions at the subject site; you must obtain from DEP. To do so a Major Permit Modification r , you must submit a ""Major Permit Modification application 310 CMR PP ( -3- 40. 0707) , which includes an LSP Tier Classification Opinion, and fee of $1200. This application will then be processed according to the provisions of 310 CMR 40. 0700. The appropriate Annual Compliance Fee will be determined pending the outcome of the permit modifications If you wish to conduct assessment activities (such as-- the , sampling of existing monitoring wells, the sampling - of , surficial soils, and the monitoring of vapors inside .buildings) within 120 days Iin an effort to document a. lower . Tier Classification for the purposes of filing a Major Permit-, Modification with DEP, you may do so. However, "intrusive" assessment. activities (subsurface investigations involving test pits, new monitoring wells, and soil borings, etc. ) , will require prior DEP approval, unless they are being done as part of a response action which already has DEP approval. (3) Do Not Accept Transition Statement: If you do not accept this Transition Statement, you must sign and date the Statement at Paragraph 113-A1l or 113-B" and return one copy to this office. (Please also send. a copy of one of the - signed -. Transition Statements to the Chief Municipal Official and Chairman of the Board. of Health. ) You must. also indicate whether or not you intend to conduct any response actions which were approved by DEP prior to October _1, 1993 . If -you do not intend to conduct such response actions, you must include an explanation pursuant to . 310 CMR 40. 0171 and 40. 0172 . If you do intend to conduct these response actions, you must include a schedule for completing them. Whether or not you intend to complete work previously approved; you must submit a Status Report which includes an LSP Opinion `as to whether a Temporary or Permanent Solution has been or will be. achieved at the site, and if not, the response actions necessary to do .so [310 CMR 40. 0640 (3) (b) 3.J . Please note that if this site is adjacent to another disposal site where response actions are being conducted, it may be, necessary to coordinate your response actions with those being undertaken on the adjacent site. All persons authorized to conduct response actions under a Tier I permit must comply at Iall times with MGL c. 21E, 310 CMR 40. 0000, permit terms and conditions and.. any other applicable federal state, and local law. Failure to comply with all. applicable requirements shall be cause for the Department to initiate enforcement action, including, without limitation, permit suspension and revocation. If the enclosed Transition Statement is not returned to the.. Department within 120 days of its receipt, . or if the Statement indicates that you do not accept the Transition Permit under paragraph (3) above, the Annual Compliance Fee for Tier IB sites . r -4- ($2, 600) will be assessed, beginning on the day after such Transition Statement is due (310. CMR 40. 0640 (4) ] . In addition, DEP may commence appropriate enforcement actions to ensure that the required response actions for the above-referenced site are initiated and completed in a timely manner. We recognize that there may be difficulties and confusion during the transition of existing sites from the old MCP to the new MCP. The new MCP, however, offers many incentives and opportunities for streamlined, timely, and efficient cleanups. It- is our intent to provide you with as smooth a transition as.:-: possible. Should you have any questions about this letter or the Transition Statement, please contact Mark Jablonski at (508) 946 2819 or at the above letterhead address. Very truly yours, Gregg Hunt, Acting Regional Engineer for Waste Site Cleanup H/DAM/jt Attachments: Summary of Redesigned Program Fact Sheet on LSPs Transition Fact Sheet #5 310 CMR 40.0730 CERTIFIED MAIL #Z235 539 762 RETURN RECEIPT REQUESTED cc: Barnstable Board of Health Town Hall 367 Main Street .Hyannis, MA 02601 ATTN: Brian R. Grady, Chairman Barnstable Board of Selectmen Town Hall 367 Main Street Hyannis, MA 02601 ATTN: Warren J. Rutherford, Town. Manager DEP - BOSTON ATTN: Madeline Snow DEP - SERO ATTN: Data Entry Commonwealth of Massachusetts Executive Office of Environmental Affairs D hpartment of Environmental Protection ' E Southeast Regional Office William F.Weld Govemor Trudy Coxe Seaetary,EOEA Ca,s ^+� I ; ' May 6, 1994 Mr. Howard Rose, Senior V.R. RE: BARNSTABLE--WSC/SA 4-1289 Candle Corporation of America ` Former Old Harbor Candle Co. 999 East Touhy Avenue, Suite 450 Iyanough Road (Route 132) Des Plaines, Illinois 60018 WAIVER APPLICATION DENIAL!IMMEDT_ATE RESPONSE ACTION/TRANSITION STATUS M.C.L. C.21E and MCP 310 CMR 40. 0000 Dear Mr. Rose: The Department of Environmental Protection, Bureau of Waste Site Cleanup (the "Department") , received a Waiver Application dated July 22, 1993 , for the Former Old Harbor Candle Company located at 1180, 1186 and 1194 Iyanough Road in Barnstable, Massachusetts. The application was prepared by Fugro-McClelland (East) , Inc. , and consisted of the Waiver Application, an Interim Site Clasification Form and a Preliminary Assessment Report. The Department reviewed the Waiver Application and evaluated previously submitted assessment material pursuant to the 1988 Massachusetts Contingency Plan (MCP) (310 CMR 40.537) . The following assessment materials contained in the Department's files were reviewed: a report titled "Environmental Site Assessment Relative to the Release of Oil and Hazardous Materials" prepared by IEP, Inc. , of Sandwich, Massachusetts, for Sentry Bank dated February 20, 1987; and a report titled "Limited Subsurface Investigation, Former Old Harbor Candle Company, Iyanough Road, Hyannis, Massachusetts" prepared by Fugro- McClelland (East) , Inc. , and dated January 1993 . As a result of the Departments's review, it was determined that tetrachloroethene (PCE) levels in groundwater exceed state drinking water standards and the site is located within the newly delineated Zone II for the town of Barnstable. As a result of these conditions, criterion 3 of the Interim Site Classification Form is met. Therefore, . the site was classified on February 24, 1994 by the Department as a priority disposal site, pursuant to the Site Classification requirements in the MCP. Since only non-priority disposal sites are eligible for a waiver, your Waiver Application is hereby denied (310 CMR 40.537 (1) ) . I., 20 Riverside Drive 0 Lakeville,Massachusetts 02347 a FAX(508)947-6557 9 Telephone (508) 946-2700 -2- ;4 ' IMMEDIATE RESPONSE ACTION current site conditions an Immediate As a result of the Response Action (IRA) assessment is required as described in 310 CMR 40.0410. You must fully delineate the leading edge . of the dissolved phase PCE plume and present the findings of the assessment in a report to the t of receipt of this letter. The Department within sixty 60 days( ) report y P � , from an borings, monitoring shall contain all of the data generatedy g , , , q wells sampling sam lin results the drawing of the the PCE plume contours and a Licensed Site Professional opinion as to the need for additional response actions including remediation. I TRANSITION STATUS The Department recently redesigned its Waste Site Cleanup Program. ram. The revised MCP (310 CMR 4.0. 0000) and related fee regulations (310 CMR 4. 00) became effective on October 1, 1993 . This site is classified as Tier I pursuant to the provisions of the new MCP. Sites where there is evidence of groundwater contamination at concentrations exceeding the applicable RCGW-1 reportable concentrations set forth in 310 CMR 40.0360 and where the site is located within a Zone II, are classified as Tier I in accordance with the inclusionary criteria (310 CMR 40.0520(2) (a) . ] The Department will issue you a Transition Classification and Permit Statement (A "Transition Statement") pursuant to 310 CMR 40. 0640(3) at a later date. This Transition Statement will include a designation as to whether your site is classified as Tier IA or IB. We recognize that there may be difficulties and confusion during the transition of existing sites from the 1988 MCP to the new MCP. The new MCP, however, offers many incentives and opportunities for streamlined, timely, and efficient cleanups. It is the Department's str i P � Y, intent to provide you with as smooth a transition as possible. Please be aware that failure to comply with any provisions of the revised MCP may result in the Department taking enforcement action against you. Any questions regarding the application fee should be directed to the Waiver Unit in the Boston Office at (617) 292-5545. Questions regarding the waiver denial or IRA can be directed to Deborah A. Marshall at the letterhead address or by contacting her at telephone number (508) 946-2888. Very truly yours, Gregg Hunt, Acting Regional Engineer for Waste Site Cleanup H/DAM/jt -3- Enclosures: Transition Fact Sheets (Numbers 2 and 5) Waiver Application Disposition Form CERTIFIED MAIL JP808 785 505 RETURN RECEIPT REQUESTED cc: Barnstable Board of Health Town Hall 367 Main Street Hyannis, MA 02601 ATTN: Susan G. Rask, Chairperson Barnstable Selectmen Town Hall 367 Main Street Hyannis, MA 02601 ATTN: Jacalyn A. Barton, Chairperson Fugro-McClelland (East) , Inc. 90 Route 6A Sandwich, MA 02563 ATTN: Joseph P. Salvetti DEP - Boston - BWSC ATTN: Waiver Unit DEP - SERO - Operations ATTN: George Crombie ATTN: Andrea Papadopoulos DEP - SERO - BWSC Data Entry . DEP - SERO - PERMITS ATTN: Mark Jablonski LEGAL NOTICE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF ENVIRONMENTAL PROTECTION I Pursuant to Massachusetts General Laws, Chapter 21E, (the j State Superfund Law) , and the Massachusetts Contingency Plan (310 CMR 40 . 00) , the Department of Environmental Protection announces that Preliminary Assessments and Limited Site Investigations have been performed at the following locations : Community Site Name/Address Site No. Classification Key P =Priority P**=Priority - reclassified BARNSTABLE BOND' S SUNOCO STATION 4-0669 P** 433 STATION AVENUE BARNSTABLE OLD HARBOR CANDLE COMPANY/FMR. 4-1289 P 1180 IYANOUGH ROAD These investigations have confirmed that a release of oil and/or hazardous materials has occurred at these locations . Therefore, the Department has identified them as confirmed disposal sites . The Department has also determined that these sites are priority disposal sites (as defined by M.G.L. , C. 21E, Section 2) A priority disposal site constitutes a substantial hazard to health, safety, public welfare, or the environment . For both priority and non-priority sites, a plan for achieving a permanent solution must be developed. Chapter, 21E and the Massachusetts Contingency Plan provide several opportunities for public notice of and involvement in decisions regarding response actions at disposal sites, including: * The chief municipal official and Board of Health of the community in which the site is located will be provided with notices of the results of investigations, plans for remedial response, and -field work involving the use of heavy construction equipment, and/or protective clothing (310 CMR 40 . 202) . * Upon receipt'-of a petition from ten or more residents of the municipality in which the. disposal site is located, or a municipality potentially affected by a disposal site, or upon the Department' s initiative a plan for involving- the public in decisions regarding response actions at the site :will be prepared and presented at a public meeting. This plan will be revised based on comments received, and will be implemented over the course of the response action (310 CMR 40 . 203) . **NOTE : SITE #4-0669 , AND SITE #4-0266 , HAVE BEEN RECLASSIFIED DUE TO A REVIEW OF ADDITIONAL INFORMATION SUBMITTED TO THE DEPARTMENT . i Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection William F. Weld Governor Daniel S.Greenbaum Commissioner Board of Health {J U 3 0 1993 P.O. Box 534 Hyannis, MA 02601 RE: ' Hyannis Former Old Harbor Candle Co. 1180, 1186 & 1194 Iyanough Rd. WAIVER APPLICATION NOTIFICATION Dear Local Official: This letter is to inform you that the Department has received an application for "Waiver of Approvals" for the above referenced disposal site. The application was submitted by Candle Corporation of America. The Massachusetts Contingency Plan (310 CMR, 40.00) establishes procedures for assessing and remediating sites where there has been a release of oil or hazardous materials. The Massachusetts Contingency Plan requires that six specific reports be submitted to the Department during the response action process. The Department must approve each of the reports before the next phase of work can be conducted (310 CMR 40.536) . The Massachusetts Contingency Plan also allows those conducting response actions at non-priority sites to apply to the Department for a waiver of required approvals (310 CMR 40.537) . When such a waiver is granted, remedial response actions must still meet all of the other requirements of M.G.L. c. 21E and The Massachusetts Contingency Plan, including submittal of documents to the Department. However, no Department approvals of reports, plans, or other documents will be required as long as the waiver remains in effect. A waiver of approvals will expedite the performance of a remedial response action. At this time, the Department is focusing its limited resources on the disposal sites which present the greatest and most immediate threats to public health One Winter Street a Boston Massachusetts 02108 • FAX 617 556-1049 a Telephone 61 292-5500 i r Page 2 of 2 BOH Letter and to the environment. These are generally sites classified as priority, based on specific .criteria in the Massachusetts Contingency Plan. At non-priority sites, contamination does not threaten public health or the environment, but may at some time in the future if no action is taken. A waiver of approvals allows assessment and cleanup of non-priority sites which otherwise would have to wait until the Department has staff available to oversee response actions. The DEP expects to complete its review of this waiver application and all other relevant, information within 60 days of receipt of the application in the regional office. The waiver application and any other information submitted to the department may be reviewed by appointment. To make an appointment, please contact the assigned DEP staff person at the phone number listed in the closing of this correspondence. In deciding whether to grant .a waiver of approvals for this site, The Department welcomes any additional information that you may wish to be considered for this case. Please submit any information and comments to the Waiver Unit of the DEP regional Office listed above. Information must be submitted on or by thirty days from the date of this letter so that we may include it in our review of this application. The Department will notify you as to the decision made .on this waiver application. For specific information regarding this particular waiver application, please refer all inquiries. to Joseph Kowal of the Southeast Regional Office, (508) 946-2862. We appreciate any assistance that you may offer in this matter. Sin er ly, . A 7 Robert P. lag an Chief Cost Recovery ion Waiver Program, Bureau Of Waste Site Cleanup cc: Howard Rose, Candle Corporation of America Joseph Salvetti, Fugro McClelland(Est) , Inc. Joseph Kowal, SERO i