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Home My WebLink About0390 ELLIOTT ROAD - HAZMAT 3qo EII�a}a aa�-14o 6kj- i La Tanzi - -� Spaulding'& ;5, Landreth, P.c. 8 Cardinal Lane P.O.Box 2300 o Q, vim Orleans,MA 02653 Kristen S.Rufo T.508.255.2133 Direct Line:508.255.2133,ext.129 --------" F: 508.255.3786 krufo@latanzi.com A www.latanzi.com . March 23, 2016 REQUEST FOR EXTENSION OF TIME TO REMOVE UNDERGROUND FUEL TANK Barnstable Board of Health 200 Main Street Hyannis, MA 02601 RE: Estate of William Stacy Longstreth; 390 Elliott Road, Centerville, Massachusetts; Removal of Underground Fuel Tank; Dear Members of the Barnstable Board of Health: As you know, this law office represents Broadway National Bank, the Personal Representative ("PR") of the Estate of William Stacy Longstreth ("Estate"). On September 8, 2016, 1 appeared at a hearing before the Board of Health to request an extension of time for the PR to remove an underground fuel tank from the premises at 390 Elliot Road, Centerville, MA ("the premises") because the PR was, at that time, embroiled in appellate litigation to remove tenants from the premises. Please see correspondence dated September 8, 2015, previously filed with this Board setting forth historical background. On September 8, 2015, the Board graciously permitted the PR a six month continuance to remove the underground fuel tank, although I have not received written confirmation of that order. The PR finally obtained possession of the premises on December 29, 2015 and the tenants were removed at that time. Since December, the PR has taken steps to remove the fuel tank. The PR negotiated a contract with Clean Harbors Environmental Services, however contract negotiations unfortunately broke down on or about February 12, 2016. On March 7, 2016, the PR received an estimate from Global Remediation Services of Taunton, MA to remove the fuel tank. See enclosed, Exhibit A. The PR is presently negotiating with Global Remediation to enter a work order to remove the fuel tank. Accordingly, the PR, respectfully requests a further three month continuance of its obligation to remove the underground fuel,tank from the subject premises. Would you kindly advise whether you require any additional information to grant an extension or whether you would like me to appear at a hearing to discuss this issue? i£�i�9i.�ZbbH 1969 ® Very truly yours, Kristen S. Rufo Enclosure cc: Broadway National Bank, Personal Representative. (i'z1(ze ae&acovc, 1969 700 Richmond Street, East Taunton, MA 02718 508-828-1005 Px: 508-8.24-2486 March 7,2016 Latanzi,Spaulding and l..,andreth PC 8 Cardinal Lane Orleans,MA 02653 RE: Underground Oil Storage Tank Remova]/Disposal 390 Elliott Road Centerville, MA Dear Ms. Quinn: Global Remediation Services("Global")is pleased to offer our services in strict accordance with all applicable federal,state and local regulations. (Global) is pleased to present this updated quote for the permitting,excavation,cleaning, removal and proper disposal of one (1000 gallon) underground#2 oil storage tank located at the above referenced property in Centerville, MA. Based upon our most recent site.inspection,Global.proposes to conduct the following: • Global will obtain Dig Safe#and underground oil storage tank removal permit from the Centerville-Osterville Marstons Mills (COMM)Fire. Department; • Global will have khe water shut off at the street and will cut the irrigation system (which runs over the tank area); • Global will excavate the tank utilizing a PC 75 and Operator and a Skid Steer and Operator. • Global will cut open the top of the tank and will conduct an OSHA approved Confined Space Entry (CSE)and clean the interior of the tank,- 0 Global will vacuum out at] remaining oil sludge from the interior of the tank and will evacuate and cut the lines coming from the tank. • Global will manifest all residual oil sludge/liquid and property dispose of this material at a licensed disposal facility. • Once the tank is emptied and cleaned,Global will lift and remove the existing tank and associated piping. The tank will be loaded onto a trailer while in the driveway so as to minimize any impacts to the Stone stairway and/or stone wall areas. • Global will coordinate Nvith the COMM Fire Department Inspection; EXHIBIT D � z� 'TAILt. �A -'2W.P .� jl�� 700 Richmond Street, East Taunton, MA 02718 508-828-1005 Fx: 508-824-2486 • Global will import clean backfill to the site and will backf.ill and compact the excavated tank area' • Global will load, transport and dispose of the existing tank to a certified scrap yard; • Global will process the Fire Department permit. COST OF SERVICES Item Descti lion Q.ianti" Unit Price.: Total 01 Global will provide labor and equipment LS $ 7,550.00 $ 7,550.00 to excavate, pump,clean, remove and dispose of up to 1000 gallon underground oil tank and back fill to rade 02 COMM Fire Deparm�ent Permit 1 TBD 'fBD I 03 Disposal of residual oil/sludge $550.00 $550.00 (550.00 minimum disposal) disposal disposal ,TERMS &CONDITIONS • GLOBAL will have free and easy access to the work area. • *The quantities presented herein are estimates only. Billing will be based upon actual quantities encountered in the field. • Costs assume a$550.00 minimum disposal of residual oil. • Costs do not include the relocation of any utilities other than the cutting of the irrigation line,- Costs include backfill to grade only-no other landscaping/restoration is included. • All work will be performed during normal business hours of 7:00 am-4:00 pin, • Additional costs may be incurred due to off spec wastes or rejected loads. • GLOBAL's payment terms are COD upon completion of the project.. • This quotation is valid for 30 days, • Any delays incurred beyond the control of(Global)will be billed at Time& Materials rates If you have any questions regarding this quotation or would like further information on our services, please feel free to call me at 508-828-1005 or 61.7-592-6991. Sincerely, Heather M. Atwood General Manager tAMN- ,._/ 700 Richmond Street, East"Taunton, MA 02718 508-828-1005 Fx: 508-824-2486 PROPOSAL ACCEPTANCE The above pricing and assumptions/conditions are satisfactory and hereby accepted. 1 am commissioning this work as an authorized Representative of("The Owner Payment will be:Made as outlined in this proposal. My signature denotes a legal and binding contract. Client agrees to the above"assumptions/conditions" and assumes full responsibility for payment,including all off-specification surcharges, payment collection actions and associated fees. Signature Date Print Name Purchase Order No. r - i La TTanzi Spaulding & Landreth, P.C. VC).Rox 23W Odf.a!is,.XIS!02653 'fi 501.9 55."tI 3 j wnrlv.tataxxzi.cnvx March 9, 2016 Thomas A. McKean, RS, CHO Barnstable Board of Health Town Hall Hearing Room, Second Floor 367 Main Street r Hyannis, MA 02601 I RE: Estate of William Stacy Longstreth], 390 Elliott Road, Centerville, Massachusetts; Removal of Underground Fuel hank; Dear Mr. McKean and Members of the Barnstable Board of Health: f ! As you know, this law office represents Broadway National Bank, the Personal Representative ("PR") of the Estate of William Stacy Longstreth ("Estate"). On i September 8, 2016, I appeared at a hearing before the Board of health to request an extension of time for the.PR to remove an underground fuel tank from the premises at 390 Elliot Road, Centerville, MA ("the premises") because the PR was, at that time, embroiled in appellate litigation to remove tenants from the premises. Please see correspondence dated September 8, 2015,previously filed with this'Board setting forth historical background. On. September 8, 2015,the Board graciously permitted the PR a six month continuance to remove the underground fuel tank, although I have not received written confirmation of that order. The PR'finally obtained possession of the premises on December 29,2015 and the tenants were removed at that time. Since December, the PR has taken steps to remove the fuel tank. The PR, negotiated a contract with Clean Harbors Environmental Services, however contract negotiations unfortunately broke down on or about February 12; 2016. On March 7, 2016, the PR received an estimate from Global Remediation.Services of Taunton,MA to remove the fuel tank. See enclosed, Exhibit A. The PR is presently negotiating with Global.Remediation to enter a work order to remove the fuel tank. Accordingly, the PR, respectfully requests a further three month continuance of s its obligation to remove the underground fuel tank from the subject premises. Would. 1 r you kindly advise whether you require any additional information to grant an extension or whether you would like me to appear at a hearing to discuss this issue? i i i Very truly yours, ( , Kristen S. Rufo i Enc. cc: Broadway National Bank, Personal Representative. 1 I� i{ l i I i r {i i j .2 f �AWN- rift 700 Richmond Street,East Taunton, MA 02718 508-828-100.5 Fx: 508-824-2486 March 7,2016. Latanzi,Spaulding and Landreth PC 8 Cardinal Lane Orleans,MA 02653 RE: Underground.Oil Storage Tank Removal/Disposal 390 Elliott Road Centerville,MA Dear Ms.Quinn: Global Remediation Services ("Global")is pleased to offer our services in strict accordance with 1 all applicable federal,state and local regulations. (Global)is pleased to present this updated quote for the permitting,excavation,cleaning,removal and proper disposal of one(1000 gallon) underground#2 oil storage tank located at the above referenced property in Centerville,MA. 4 Based upon our most recent site inspection,Global proposes to conduct the following: 1 1 • Global will obtain Dig Safe#and underground oil storage tank removal { permit from the Centerville-Osterville Marstons Mills(COMM)Fire } Department; 4 • Global will have the water shut off at the street and will cut the irrigation system (which runs over the tank area); } s • Global will excavate the tank utilizing a.PC 75 and Operator and a Skid Steer and Operator. ' 1 • Global will cut open the top of the tank and will conduct an OSIIA approved.Confined Space Entry(CSE)and clean the interior of the tank; • Global,will vacuum out all remaining oil sludge from the,interior of the tank and will evacuate and cut the lines coming from the tank, • Global will manifest all residual oil sludge/liquid and properly dispose of this material at a licensed.disposal facility. • Once the tank is emptied and cleaned,Global will lift and remove the existing tank and associated piping. The tank will be loaded onto a trailer , while in the driveway so as to minimize any impacts to the Stone stairway and/or stone wall areas. • Global will coordinate with the COMM Fire Department Inspection; EXHIBIT i a A f 700 Richmond Street, East Taunton,MA 02718 508-828-1005 Fx: 508-824-2486 ' • Global will import clean backfill to the site and will backfill and compact the excavated tank area' • Global will load,transport and dispose of the existing tank to a certified scrap yard; • Global will process the Fire Department permit. COST OF SERVICES i Item, De`scri,tion Qizariti UiiiYPrtce ., Total 01 Global will provide labor and equipment LS $ 7,550.00 $ 7,550,00 to excavate,pump,clean,remove and dispose of up to 1000 gallon underground oil tank and back fill to grade 02 COMM Fire Department Permit 1 TBD TBD 03 Disposal of residual oil/sludge $550.00 $550.00 (550,00 minimum disposal) disposal disposaltct 1 . 1 TERMS &CONDITIONS • GLOBAL will have free and easy access to the work area. • *The quantities presentee)herein are estimates only. Billing will be based upon actual quantities encountered in the field. • Costs assume a$550.00 minimum disposal of residual oil. i • Costs do not include the relocation of any utilities other than the cutting of the irrigation line; • Costs include backfill to grade only-no other landscaping/restoration is included. • All work will be performed during normal business hours of 7:00 am-4:00 pm; i • Additional costs may be incurred due to off spec wastes or rejected loads, • GLOBAL's payment terms are COD upon completion of the project.. • This quotation is valid for 30 days. • Any delays incurred beyond the control of(Global) will be billed at Time&Materials rates If you have any questions regarding this quotation or would lake further information on our services,please feel free to call-me at 508-828 '1005 or 617-592-6991. Sincerely, Heather M.Atwood General'Manager �L♦�1 700 Richmond Street,East Taunton,MA 02718 508-828-1005 Fx: 508-824-2486 PROPOSAL ACCEPTANCE The above pricing and assumptions/conditions are satisfactory and hereby accepted.I am I commissioning this work as an authorized Representative of("The Owner Payment will be made as outlined.in this proposal.My signature demotes a legal and binding contract. Client agrees to the above"assumptions/conditions" and assumes full responsibility for payment,including all off-specification surcharges,payment collection actions and associated fees. Signature Date I Print Name Purchase Order No. t 4 t ti I rn OFFICIAL USE N Certified Mail Fee ru ru $ b�1 Extra Services.&Fees(check hox,add fee as approprWe) ❑Return Receipt mardccpY) $_ � Q t>1 0 ❑Return Receipt(electronic) $ A✓,„ bstmark fy C ❑Certified Mail Restricted Delivery $ M !"Here +n i 3 ❑Adult Signature Required $ ❑Adult Signature Restricted Delivery$ l, iru Postage ti 2r � $ r=1 Total Postage and Fees $ rya Sent To 5e f N -- ot-�ora n Sfi�rz-b- -- --------------------------------- D/ y rnA Da3�OB Certified Mail service provides the following benefits: ■A receipt(this portion of the Certified Mail label). for an electronic return receipt,see a retail ■A unique identifier for your mailpiece. associate for assistance.To receive a duplicate ■Electronic verification of delivery or attempted return receipt for no additional fee,present this delivery. USPS®-postmarked Certified Mail receipt to the ■A record of delivery(including the recipient's retail associate. signature)that is retained by the Postal Service- Restricted delivery service,which provides for a specified period. delivery to the addressee specified by name,or to the addressee's authorized agent Important Reminders: Adult signature service,which requires the ■You may purchase Certified Mail service with signee to be at least 21 years of age(not First-Class Mail®,First-Class Package Service®, available at retail). or Priority Mail®service:*.r Adult signature restricted delivery service,which ■Certified Mail service is notavailable for requires the signee to be at least 21 years of age International mail. ' and provides delivery to the addressee specified ■Insurance coverage is otavailable for purchase by name,or to the addressee's authorized agent with Certified Mail service.However,the purchase (not available at retail). of Certified Mail service does not change the ■To ensure that your Certified Mall receipt is insurance coverage automatically included with accepted as legal proof of mailing,it should bear a certain Priority Mail items. USPS postmark.If you would like a postmark on ■For an additional fee,and with a proper this Certified Mail receipt,please present your endorsement on the mailpiece,you may request Certified Mail item at a Post Office'for the following services: postmarking.If you don't need a postmark on this -Return receipt service,which provides a record .Certified Mail receipt,detach the barceded portion of delivery(including the recipient's signature). of this label,affix it to the mailpiece,apply You can request a hardcopy return receipt or an appropriate postage,and deposit the mailpiece.v electronic version.for a hardcopy return receipt, complete PS Form 3811,Domestic Retum Receipt attach PS Form 3811 to your mailpiece; IMPORTANT:Save this n=fpt for your records. Ps Form 3800,April 2015(Reverse)PSN 7530-02-000.9047 I . e TM o RECEIPT eomestic, 1' fl! ' m OFFICIAL USE r- Certified Mail Fee ru fU Extra Services&Fees(cheek box,add fee as appropdare) 6 1 � ❑Realm Receipt(hardcop7) $ .� U r ❑Retum Receipt(electronic) $ Ln O ❑certified Mail Restricted Delivery $ m Cl-( 0 []Adult Signature Required $ ML N ❑Adult Signature Restricted Delivery$ ` C7 Postageru U-) $ b�H Total Postage and Fees � $ enlTo l�nda�l�'i2Cara Donna w NStiee�anifApE .;5FPF0 zNo:------------------------------------------------- $ 21 2(�f1oc� �;ry;"ware;ziP+ ------------------------------------ "a�_""" pis n'!A da�ol r rr, Certified Mail service provides the following benefits: ■A receipt(this portion of the Certified Mail label). for an electronic return receipt,see a retail ■A unique identifier for your mailpiece. associate for assistance.To receive a duplicate ■Electronic verification of delivery or attempted return receipt for no additional fee,present this delivery. USPS®-postmarked Certified Mail receipt to the ■A record of delivery(including the recipients retail associate. signature)that is retained by the Postal Service'" Restricted delivery service,which provides for a specified period. delivery to the addressee specified by name,or to the addressee's authorized agent Important Reminders. Adult signature service,which requires the •You may purchase Certified Mail service with signee to be at least 21 years of age(not First-Class Mail®,First-Class Package Service®, available at retail). or Priority Mail®service. Adult signature restricted delivery service,which •Certified Mail service is notavailable for requires the signee to be at least 21 years of age. international mail. - and provides delivery to the addressee specified. ■Insurance coverage is notavailable for purchase by name,or to the addressee's authorized agent with Certified Mail service.However,the purchase (not available at retail). of Certified Mail service does not change the ■To ensure that your Certified Mail receipt is insurance coverage automatically included with. accepted as legal proof of mailing,R should bear a certain Priority Mail items. USPS postmark.H you would like a postmark on ■For an additional fee,and with a proper this Certified Mail receipt,please present your endorsement on the mailpiece,you may request Certified Mail item at a Post Office'for the following services: postmarking.If you don't need a postmark on this -Return receipt service,which provides a record Certified Mail receipt,detach the barcoded portion of delivery(including the recipient's signature). ' of this label,affix it to the mailpiece,apply You can request a hardcopy return receipt or an appropriate postage,and deposit the mailpiece.' electronic version.For a hardcopy return receipt, complete PS Form 3811,Domestic Return Receipt attach PS Form 3811 to your mailpiece; IMPORTANT:Save this receipt for your records. PS Form 3800,April 2015(Reverse)PSN 7530-02-000.9047 USPS.com® - USPS Tracking® Page 1 of 2 English Customer Service USPS Mobile Register i Sign In fS S.CLJ/�r71Pl` a ! U e _.................USPS Tracking® ... Customer Service> Have questions?We're here to help. I Get Easy Tracking Updates> Sign up for My USPS. I Tracking Number:70151520000122732954 �89�eenwoo� �- Your item was returned to the sender on February 2,2016 at 9:01 am in HYANNIS,MA 02601 because it was not claimed by the addressee once the item reached its maximum hold time at the post office. Product & Tracking Information Available Actions Postal Product: Features: Certified Mail" Text Updates DATE&TIME ; STATUS OF ITEM LOCATION Email Updates Unclaimed/Max Hold Time I February 2,2016,9:01 am Expired HYANNIS,MA 02601 a Your item was returned to the sender on February 2,2016 at 9:01 am in HYANNIS,MA 02301 because it was not claimed by the addressee once the item reached its maximum hold time at the post office. January 15,2016,2:35 pm Notice Left(No Authorized HYANNIS,MA 02601 Recipient Available) January 15,2016,8:11 am Out for Delivery HYANNIS,MA 02601 A January 15,2016,8:01 am ' Sorting Complete � HYANNIS,MA 02601 # I January 15,2016,5:59 am Arrived at Unit i HYANNIS,MA C2601 i January 14,2016,12:55 pm Departed USPS Facility i PROVIDENCE,RI 02904 l A January 13,2016,8:53 pm Arrived at USPS Facility # PROVIDENCE,RI 02904 Track Another Package Manage Incoming Packages Tracking(or receipt)number Track all your packages from a dashboard. No tracking numbers necessary. 70151520000122732954 ( Track It i Sign up for My USPS> htt — — s://tools.us s.com/com/go/TrackConfirmAction. e&tLc &t... 2/2/2016 P P g Pg I USPS.comO - USPS TrackingO Page 1 of 2 English Customer Service USPS Mobile t p� /�/� Register I Sign In US S.Wom, USPS Tracking R Havequ qCustomeuestions? We're O i mm ; Have questions?We're hereto help. 3 Get Easy Tracking Updates> Sign up for My USPS. I Tracking Number:70151520000122732947 Ala —e� i Your item was returned to the sender on January 30,2016 at 8:07 am in RANDOLPH,MA 02368 because it was not claimed by the addressee once the item reached its maximum hold time at the post office. Product & Tracking Information Available Actions Postal Product: Features: Certified MaiITM Text Updates DATE&TIME STATUS OF ITEM LOCATION Email Updates January 30,2016,8:07 am Unclaimed/Max Hold Time RANDOLPH,MA 02368 i Expired l Your item was returned to the sender on January 30.2016 at 8:07 am in RANDOLPH,MA 02368 because it was not claimed by the addressee once the item reached its maximum hold time at the post office. I January 15,2016,12:15 pm Notice Left(No AuthorizedRecipient Available) RANDOLPH,MA 02368 i January 15,2016,6:40 am Arrived at Unit RANDOLPH,MA 02368 1 ' 1 January 14,2016,10:43 pm Departed USPS Facility BROCKTON,MA 02301 January 14,2016,4:34 am Arrived at USPS Facility t BROCKTON,MA 02301 I January 13,2016,9:25 pm Departed USPS Facility PROVIDENCE,RI 02904 January 13,2016,8:53 pm Arrived at USPS Facility PROVIDENCE RI 02904 ._..,. ......_ I E Track Another Package Manage Incoming Packages Tracking(or receipt)number Track all your packages from a dashboard. No tracking numbers necessary. 70151520000122732947 Track It 1 Sign up for My USPS> https://tools.usps.com/go/TrackConfirmAction.action?tRef=fullpage&tLc=1&text28777=&t... 2/2/20.16 Message Page 1 of 1 Lavelle, Timothy n From: McKean", Thomas on behalf of Health laQp 3�� Vl Sent: Monday, July 27, 2015 11:12 AM (QDO IA.I CJ To: Lavelle, Timothy Subject: FW: Estate of William Longstreth; 390 Elliot Road, Centerville = FYI - h,0+l�I �eG Fyl4��✓v Original Message----- G D From: Kristen Rufo [mailto:KRufo@latanzi.com] Sent: Friday, July 24, 2015 5:15 PM To: Crocker, Sharon Cc: Health Subject: Estate.of William Longstreth; 390 Elliot Road, Centerville Dear Ms. Crocker: This law office represents the Estate of William Longstreth. I am writing relative to the attached notice to remove a fuel tank at 390 Elliot Road, Centerville. I spoke with Thomas McKean earlier today and explained that there are presently very difficult tenants in possession of the premises. We have commenced litigation and obtained a judgment of possession to remove the tenants. The tenants have appealed that judgment; we have pending litigation before the Appeals Court to remove the tenants from the property. I wish to appear at the hearing to explain the situation and discuss a reasonable time line for my clients to remove the tank, considering the necessity of securing possession of the premises. I have a conflict on August 18, 2015. Mr. McKean told me that, there is a hearing available on September 8, 2015 at 3:00 p.m. Would you kindly schedule this matter for a hearing on September 8, 2015? Please respond to this e-mail at your earliest convenience to confirm that my attendance on September 8t" is acceptable. Also, would you kindly copy me on all future correspondence relative to this matter as the Personal Representative did not receive the first notice referenced in your July 2, 2015 notice. Thank you. Very truly yours, Kristen S. Rufo, Esq. La Tanzi, Spaulding & Landreth, P.C. . 8 Cardinal Lane; P.O. Box 2300 Orleans, MA 02653 (508)255-2133 (508)255-3786 (fax) krufo _latanzi.com This email message and any files transmitted with it contain PRIVILEGED AND CONFIDENTIAL INFORMATION and are intended only for the person(s) to whom this email message is addressed. As such, they are subject to attorney-client privilege and you are hereby notified that any dissemination or copying of the information received in this email message is strictly prohibited. If you have received this email message in error, please notify the sender immediately by telephone or email and destroy the original message without making a copy. Thank you. 7/28/2015 , � S-A JDDo a/ l4SD Town of Barnstable Regulatory Services Barnstable " anxty MAM. ' Thomas F. Geiler, Director MAmmicaCfty 1639. ,�� Public Health Division ATFp�.�A Thomas McKean, Director 2007 200 Main Street Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 September 6, 2012 William Longstreth RE: Underground Storage Tank 713 Blue Sage Loop 390 ELLIOT ROAD, Kerrville, TX 78028-2076 CENTERVILLE Map/Parcel: 227140 Tank Number: 1 Tag Number: Not available ORDER TO REMOVE UNDERGROUND TANK The Public Health Division (PHD) records indicate that a one-thousand gallon underground storage tank was installed on the property located at 390 Elliot Road, Centerville, in 1980. This tank was in use as of November 2001 as substantiated by an "Underground Tank Test Results" letter issued at that time by the Barnstable County Department of Health and Environment. The PHD does not have records verifying the removal of this tank, nor does the Centerville- Osterville-Marstons Mills Fire District have a tank removal permit on file for its removal. This tank exceeds thirty years in age and shall be removed as required by the Town of Barnstable Code Chapter 326, Section 3, Fuel and Chemical Storage Tanks. Therefore, you are ordered to remove this tank within sixty (60) days from the date of this notice. Upon completion of the tank removal and within ninety (90) days of receipt of this notice, please submit to this office a copy of the permit for storage tank removal issued by your local Fire Department. This permit is required to be obtained prior to the tank removal. The copy of the removal permit serves as documentation that the underground storage tank was properly removed and disposed of. Should you be unaware of the existence of the above mentioned tank or its possible previous removal, an independent third party (i.e. oil company, tank removal company, or environmental services company) may be able to assist you in physically locating and/or verifying the current existence of the tank. Should this be the case, a written document from the independent third Q:\Hazmat\Underground Tanks\390 Elliott Rd 30 yr July 2012.doc c parry is required to be submitted within ninety(90) days of receipt of this notice as verification that the tank had been previously removed and/or does not exist.. You may request a hearing provided that 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, PS, CHO Health Agent QAHazmat\Underground Tanks090 Elliott Rd 30 yr July 2012.doc °FtME t°� Town of Barnstable ti Regulatory Services Barnstable 9anxtvASS. s,$* Thomas F. Geiler, Director �1i&AmmieaCi% i639 Public Health Division 1 ' Thomas McKean, Director 2007 200 Main Street Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 August 21, 2012 William Longstreth RE: Underground Storage Tank 390 Elliot Road 390 ELLIOT ROAD, Centerville, MA 02632 CENTERVILLE Map/Parcel: 227140 Tank Number: 1 Tag Number: Not available ORDER TO REMOVE UNDERGROUND TANK The Public Health Division(PHD) records indicate that a one-thousand gallon underground storage tank was installed on the property located at 390 Elliot Road, Centerville, in 1980. This tank was in use as of November 2001 as substantiated by an"Underground Tank Test Results" letter issued at that time by the Barnstable County Department of Health and Environment. The PHD does not have records verifying the removal of this tank, nor does the Centerville- Osterville-Marstons Mills Fire District have a tank removal permit on file for its removal. This tank exceeds thirty years in age and shall be removed as required by the Town of Barnstable Code Chapter 326, Section 3, Fuel and Chemical Storage Tanks. Therefore, you are ordered to remove this tank within sixty (60) days from the date of this notice. Upon completion of the tank removal and within ninety (90) days of receipt of this notice, please submit to this office a copy of the permit for storage tank removal issued by your local Fire Department. This permit is required to be obtained prior to the tank removal. The copy of the removal permit serves as documentation that the underground storage tank was properly removed and disposed of. Should you be unaware of the existence of the above mentioned tank or its possible previous removal, an independent third party (i.e. oil company,tank removal company, or environmental services company) may be able to assist you in physically locating and/or verifying the current existence of the tank. Should this be the case, a written document from the independent third Q:\Hazmat\Underground Tanks\390 Elliott Rd 30 yr July 2012.doc r V party is required to be submitted within ninety(90) days of receipt of this notice as verification that the tank had been previously removed and/or does not exist.. You may request a hearing provided that 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, PS, CHO Health Agent QAHazmat\Underground Tanks\390 Elliott Rd 30 yr July 2012,doc .KI. o 'Town of Barnstable ++" U.S.POSTAGE»PITMEY eoVF-s Public Health Division RNSf ABLE. p 200 Main Street �! �c9�s® RFD rnn+" Hyannis,MA 02601 ZIP 1R 02 02601 11N $ 000.450° 00013614.75 AUG. 23. 2012 EmRNift , MA C'MV A ..a.. O 02,q INFE .i 4.1'3L 00 KERRVILLE TX 7 b028-2076 RET'LJ.RN T J SF.1`1DE.R A�T 3 t.Cd—A J[)':°� jj }} yy i yyj 11 ]}1 it ! j ! {{ Mil � \ r f 6 yy °Fz"E T Town of Barnstable Regulatory Services Barnstable Thomas F. Geiler, Director 'bAr1 39. Public Health Division ( � Thomas McKean, Director 2007 200 Main Street Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 August 21, 2012 William Longstreth RE: Underground Storage Tank 390 Elliot Road 390 ELLIOT ROAD, Centerville, MA 02632 CENTERVILLE Map/Parcel: 227140 Tank Number: 1 Tag Number: Not available ORDER TO REMOVE UNDERGROUND TANK The Public Health Division (PHD) records indicate that a one-thousand gallon underground storage tank was installed on the property located at 390 Elliot Road, Centerville, in 1980. This tank was in use as of November 2001 as substantiated by an"Underground Tank Test Results" letter issued at that time by the Barnstable County Department of Health and Environment. The PHD does not have records verifying the removal of this tank, nor does the Centerville- Osterville-Marstons Mills Fire District have a tank removal permit on file for its removal. This tank exceeds thirty years in age and shall be removed as required by the Town of Barnstable Code Chapter 326, Section 3, Fuel and Chemical Storage Tanks. Therefore, you are ordered to remove this tank within sixty (60) days from the date of this notice. Upon completion of the tank removal and within ninety (90) days of receipt of this notice, please submit to this office a copy of the permit for storage tank removal issued by your local Fire Department. This permit is required to be obtained prior to the tank removal. The copy of the removal permit serves as documentation that the underground storage tank was properly removed and disposed of. Should you be unaware of the existence of the above mentioned tank or its possible previous removal, an independent third party (i.e. oil company, tank removal company, or environmental services company) may be able to assist you in physically locating and/or verifying the current existence of the tank. Should this be the case, a written document from the independent third QAHazmat\Underground Tanks990 Elliott Rd 30 yr July 2012.doc i parry is required to be submitted within ninety (90) days of receipt of this notice as verification that the tank had been previously removed and/or does not exist.. You may request a hearing provided that 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, PS, CHO Health Agent QAHazmat\Underground Tanks\390 Elliott Rd 30 yr July 2012.doc rj w Ft"E r Town of Barnstable ti Regulatory Services Barnstable 9 MASS. Thomas F. Geiler, Director 019. Public Health Division I ( ' Thomas McKean, Director zoos 200 Main Street Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 July 27, 2012 William Longstreth RE: Underground Storage Tank P.O. Box 1239 390 ELLIOT ROAD, Centerville, MA 02632 CENTERVILLE Map/Parcel: 227140 Tank Number: 1 Tag Number: Not available ORDER TO REMOVE UNDERGROUND TANK The Public Health Division(PHD) records indicate that a one-thousand gallon underground storage tank was installed on the property located at 390 Elliot Road, Centerville, in 1980. This tank was in use as of November 2001 as substantiated by an "Underground Tank Test Results" letter issued at that time by the Barnstable County Department of Health and Environment. The PHD does not have records verifying the removal of this tank, nor does the Centerville- Osterville-Marstons Mills Fire District have a tank removal permit on file for its removal. This tank exceeds thirty years in age and shall be removed as required by the Town of Barnstable Code Chapter 326, Section 3, Fuel and Chemical Storage Tanks. Therefore, you are ordered to remove this tank within sixty (60) days from the date of this notice. Upon completion of the tank removal and within ninety (90) days of receipt of this notice, please submit to this office a copy of the permit for storage tank removal issued by your local Fire Department. This permit is required to be obtained prior to the tank removal. The copy of the removal permit serves as documentation that the underground storage tank was properly removed and disposed of. Should you be unaware of the existence of the above mentioned tank or its possible previous removal, an independent third party (i.e. oil company, tank removal company, or environmental services company) may be able to assist you in physically locating and/or verifying the current existence of the tank. Should this be the case, a written document from the independent third QAHazmat\Underground Tanks\390 Elliott Rd 30 yr July 2012.doc I party is required to be submitted within ninety (90) days of receipt of this notice as verification that the tank had been previously removed and/or does not exist.. You may request a hearing provided that 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, PS, CHO Health Agent QAHazmat\Underground Tanks\390 Elliott Rd 30 yr July 2012.doc ® La Tanzi Spaulding & Landreth, P.C. 8 Cardinal Lane P.O.Boa 2300 Orleans,MA 02653 T:508.255.2133 F:508.255.3786 www.latanzi.com September 8, 2015 VIA HAND DELIVERY Barnstable Board of Health Town Hall Hearing Room, Second Floor 367 Main Street Hyannis, MA 02601 RE: Estate of William Stacy Longstreth; 390 Elliott Road, Centerville, Massachusetts; Removal of Underground Fuel Tank; Board of Health Meeting, September 8, 2015. Dear Members of the Barnstable Board of Health: This law office represents Broadway National Bank, the Personal Representative ("PR") of the Estate of William Stacy Longstreth ("Estate"). On or about July 2, 2015, the PR received a final notice to remove an underground fuel tank from the premises at 390 Elliot Road, Centerville, MA ("the premises"). The PR is not in receipt of a prior notice relative to the fuel tank. William Longstreth ("the decedent") died on October 30, 2012. At the time of the decedent's death, tenants at will Camille Sawyer, Christian Sawyer and Miriam Sawyer resided at the premises. The tenants were unwanted house guests who refuse to voluntarily vacate the premises. Since the decedent's death, the PR has been engaged in costly and protracted litigation in the Barnstable Probate Court, the Barnstable District Court and the Appeals Court in an effort to remove the tenants from the premises.' The PR requests a 6 month continuance, from this date, to remove the 1 The litigation has proceeded as follows: 6/28/13: PR obtains a preliminary injunction that prevents the tenants from removing the decedent's personal property from the premises during the eviction. 7/2/13: PR serves a 90 day Notice to Quit. 10/28/13: PR files a Summary Process Complaint and trial date is set. 11/22/13: Probate Court denies tenant's motion to vacate the preliminary injunction. 12/5/13: PR awarded judgment of possession following bench trial. 1/21/14: Tenants appeal Judgment of Possession. 2/26/14: PR obtains permanent injunction protecting decedent's tangible personal property. 2/27/14: Tenant's appeal permanent injunction. Pending. 8/5/15: Appeals Court dismisses tenant's appeal of judgment of possession. �e�C a��ea�orti srvcce 1969 i 0 underground fuel tank from the premises. The PR anticipates that it will recover ® possession of the premises within that time period. The PR has taken steps to investigate the removal of the fuel tank. On August 18, 2015, the PR received a written estimate from Clean Harbors Environmental Services, Inc., of Braintree,to remove the fuel tank, See Exhibit A. On August 4, 2014, the PR received a written estimate from Global Remediation, of East Taunton, to remove the fuel tank. See Exhibit B. The PR's undersigned counsel wrote to the tenant's attorney Anthony Alva, Esq. on July 24, 2015 and on July 29, 2015 to forward the notice regarding removal of the fuel tank, to inquire regarding whether the fuel tank is operational, and to request access to the property. See Exhibit C. Attorney Alva did not respond to these communications. Absent Court order, the PR cannot access the property to conduct the magnitude of work required to remove the tank until it obtains possession of the premises and removes the tenants from the property. Accordingly, the PR, by and through its undersigned counsel, respectfully requests a six month continuance of its obligation to remove the underground fuel tank from the subject premises. Very truly yours, Kristen S. Rufo Eric. cc: Anthony Alva, Esq. Sara J. Kohls, Esq. 2 ��e�cc��eczco� ice 1969 i Cleanbb'o[5 Clean Harbors Environmental Services,Inc. I Hill Avenue Braintree,MA 02184 www.cleanharbors.com August 18, 2015 Attn: Ms. Alison Quinn La Tanzi Spaulding& Landreth PC 8 Cardinal Lane PO Box 2300 Orleans, MA 02653 Quote #2229049, Estate Of William Longstreth, Centerville, MA Dear Ms. Quinn: Thank you for considering Clean Harbors Environmental Services, Inc. for your environmental service needs. We provide a broad range of environmental services including hazardous and non-hazardous waste transportation and disposal, laboratory chemical packing, emergency response, field services and industrial maintenance. We are pleased to provide this proposal based on the scope of work outlined below. We offer our clients a broad spectrum of environmental services and the ability to dispose of hazardous material at or through a Clean Harbors' owned and operated facility. In addition to managing your waste streams, a Clean Harbors'professional can assist you with: • Waste Transportation & Disposal • 24-Hour Environmental Emergency Response • Laboratory Chemical Packing • Industrial Services • Field Services • InSite Services I look forward to servicing your environmental needs. When you are ready to place an order, please contact our Customer Service group at 800.444.4244, If you have any questions or need further assistance,you may reach me at the number below. Sincerely, Harry E Davidson Jr 781-803-4138 office 617-839-7087 cell EXHIBIT A 6 a -;"Nople e.iii l Ter : nzolo', y ('r�:�c��ii3 rx .5'c��i:r: C7c��n�rr l:;rr�%iru�rrrrenJ" CleanHarbor5 August 18, 2015 Page 2 of 9 Clean Harbors, Quote#2229049 QUOTE CONDITIONS Prior to completing the cleaning and removal of(1) 1000 gallon single wall steel tank, CHES field crews will perform all Health and Safety related tasks as directed by the local CHES H&S Representative and any site specific regulations pertinent to your facility. An on site safety meeting will be conducted and documented. CHES crews will set up the area as required, and properly cordon off the site to prohibit unauthorized access. Prior to execution, our CHES crew will communicate with your on site representatives to ensure site conditions are as expected, pre mark excavation for dig safe,obtain entry into basement to confine fuel lines to and from tank are as expected. Dig safe marking and entry into basement will need to be done at least 3 days prior to excavation work.Once dig safe and fuel lines inspection is complete,obtain permit from Fire Dept and proceed with project. After the appropriate approvals, field crews will complete the following: • Perform appropriate monitoring and ventilation procedures around tank as required • Pump remaining product into vacuum truck • Perform a wash down and decon of tank *Transfer rinsate and waste solids to drums or vacuum unit *Remove fuel lines and tank *Backfill excavation • Manifest and label waste for disposal The proposal is based on the following assumptions and site conditions. Any work which falls outside of the assumptions will constitute work beyond the intended scope and be completed upon mutually satisfactory terms. 1. Tank contents,line location and dig safe premark all need to be complete before starting excavation. 2. Water and electricity are available on site. 3. Clean Harbors is not responsible for walkway,front steps,sprinkler system any unmarked utilities damaged during excavation nor replacement of the above. 4. Excavation will be backfilled to grade and site raked out. restoration of area not included in proposal. 5. A representitive is on site or available to sign all paperwork or an"agent for letter" is obtained. 6. Removal of contaminated soil is not included in proposal. ''JI)C Ole cola'Technolrn";: ("re�ra�ur.�r�a S'u�i r, Ch�>aner hIn4ron rncnl" . � .Y i - . , 1.•. - �('l f �' .. �.] .. ,+.G.� alred. Co'• iadiokso ' v Y .. t :fr• ••� a "z.4+. 6 1911 .ott'street.• r. • 4en4ei'lYe� y�:+K�(.7r.JtAS�sG�'4 Ms .'x�' Tp _*, •� ,., x �'Y. Y. •a•V ' Dear t3i aK ,Allereo Enclosed'*are the guidelines, f"Or 'you �� '�c�l�pty ix! c,btaining s 4 et erY rc►i ' ua r l' ► s ,rs tg with �►c;��a� sT) IJcatit�ji .fort s doler. permits r4- tie State:, ' Pease. be 44V",'i Wed that,r@a4rdies$ '*f the f`aet that t�e .Sete ' :seues.• Qu=a r cex�se,, '3nca ' health''. t t r dies 2aave di6tiot� n them .town$ i d , • nr _ ,:,r.� .' v :.. ';' ' . �. ', - ,,Via- ` • :.0 :. „ '- r •".' Tease `�i Lange ' or an appointment t v� a ►atinspected' after. Mourn ' us .written'apot� S Ca ye�yr �}} �y�r �•h+�avY y '4?1+G4+'llr P.;4,• k'' L ,` F 'D • fir , ��Y. T`Urther r est't� ar j*M�7er .M ✓r ;,l r i�. ` k t P.. Vy3 p •' Yr 3. y 4* S, tcert pied Hea p'()ffjcxer 1 . M ' 'I 9(' 1yfi4+Y r.e F •Y,.r k.Y 1 •'r _ r . . .. �• . �• '4-�, « - }., i e ti, ; •': t, �1, �,�', � .. «r. - - P r .r3j.' :r +.r+ 5 �. R_ � y # p fa` �,.•_� � e•� • � ,, . . p ^ r ' a•iz. µ a t �;1• y r .'`� • V 4 • , � � i' � ' s A. • i a - • r. , t r. p 2s /975 (I '� � 'ram �7 Yck /rwv.. �/ ��-� � � � � �. �� ems.,`. �s � � i leanHa( or August 18, 2015 Page 3 of 9 Clean Harbors, Quote#2229049 QUOTE SUMMARY 7ASKREMOVAL OF 1000 GALLON OIL TANK $3,700.00 ASK 2: OIL AND WATER TO MURPHYS $500.00 Subtotal $4,200.00 Estimated Recovery Fee $462.00 QUOTE TOTAL $4,662.00 "J"eoph.,arrd lechnolol"); C`re:�ulr.�r� a ,Sci C7"aner I'llWronl-neJal Cleanftboq August 18, 2015 Page 4 of 9 Clean Harbors, Quote#2229049 TASK 1: REMOVAL OF 1000 GALLON OIL TANK TASK 1: TOTAL LABOR, EQUIPMENT, AND MATERIAL $3,700.00 Estimated Recovery Fee $407.00 Estimated total,including.Fees $4,107.00 TASK 2: OIL AND WATER TO MURPHYS DISPOSAL � MUSB OI'L AND WATER $0.54/gallon' 'The following minimum-price(s)will apply: Prorile/Waste Code Uom Minimum Price MU513/A32 load $500:00, TRANSPORTATION WASTE CLASSIFICATIONS SPECIFICATIONS MU5B OIL AND WATER Non-detectable concentration of PCB's Organic Halogen less than 1,000 ppm pH between 2-12.5 Must be petroleum-based oil(greater than 5000 BTUs/lb) No pesticides Flash point greater than 100°F Cannot be mixed with other hazardous waste Total Cadmium less than 2 ppm Total Chrome less than 10 ppm Total Arsenic less than 5 ppm Total Lead less than 10 ppm Less than one inch of solid in the drum Greater than 5 percent water PRIMARY DISPOSAL METHOD: OIL RECOVERY/WASTEWATER TREATMENT ':''People ewid.T chuolou); C'rc,oriarg c:a Sult,r, C7can r I nl trcoimca l" I CleanHarbor5 August 18, 2015 Page 5 of 9 Clean Harbors, Quote #2229049 GENERAL CONDITIONS • Except where superseded by an existing services agreement the following terms and conditions apply to this quoted business. • The customer hereby acknowledges that the estimated cost is based upon a preliminary appraisal by a Clean Harbors Field Representative, and that the amount invoiced by Clean Harbors will be based upon labor and materials actually expended in performing the scope of work. Any changes in the scope will be billed on a time and materials basis. • Clean Harbors guarantees to hold these prices firm for 60 days. • Terms: Net 15 Days • For work to begin we ask that you acknowledge the quotation with a signature and provide the appropriate purchase order number. Where modifications to the scope of services become necessary, Clean Harbors will notify the customer promptly and obtain customer authorization for such modifications and a revised contract price will be established in order to finish the project. • This proposal is contingent on the customer providing full and complete access to the site. Customer represents and warrants to Clean Harbors that the customer has the legal right, title and interest necessary to provide access to the site. In addition, customer warrants that it has supplied Clean Harbors complete and accurate information regarding the site, subsurface conditions, utility locations, site ownership, hazardous materials or wastes and other substances or hazards likely to be present and any other reports, documentation or information concerning the scope of work. • Interest will be charged at 1.5% per month or the maximum allowed by law for all past due amounts. • Local,.state and federal fees/taxes applying to the generating location/receiving facilities are not included-in disposal pricing and will be added to each invoice as applicable. • Materials subject to additional charges if they do not conform to the listed specifications. • Electronically submitted profiles will be approved at no charge. Paper profiles will be charged at $75.00 each. • Clean Harbors supports many invoice delivery options (E-mail, Electronic Invoicing, EDI, Etc.). Pricing is based on Clean Harbors' standard invoice delivery method of E-mail. If another delivery method is required there could be an additional service fee per invoice. Any alternate delivery methods must be reviewed and approved by Clean Harbors prior to acceptance and implementation. • A variable Recovery Fee (that fluctuates with the DOE national average diesel price), currently at 11.0%, will be applied to the total invoice. For more information regarding our recovery fee calculation please go to: www.cleanharbors.com/recoveryfee. • Pickups that require same day or next day service may be subject to additional charges. • Pickups cancelled within 72 hours of scheduling will be subject to cancellation charges. • Transportation charges to the final disposal facility will be charged in addition to local transportation to our truck to truck hub/local facility and will vary with logistics and routing. "I)eople an(J Tec:hrtolo;;j; CIV01h7g 0.Sufi!r. CleanHar or August 18, 2015 Page 6 of 9 Clean Harbors, Quote #2229049 GENERAL CONDITIONS • Time over eight (8) hours in the nonnal workday and all day Saturday is considered overtime and will be billed at 1.5 times the applicable straight time rate for all billable personnel unless otherwise quoted. Sunday and Holidays are considered premium time and will be billed at 2.0 times the applicable straight time rate for all billable personnel unless otherwise quoted. • This proposal is submitted contingent upon the right to negotiate mutually acceptable contract terms and conditions, which are reflective of the work contemplated, and an equitable distribution of the risks involved therein. In the event.that such agreement cannot be reached, Clean Harbors reserves the right to decline to enter into such an agreement without prejudice or penalty. • In the event that legal or other action is required to collect unpaid invoice balances, Customer agrees to pay all costs of collection, including reasonable attorneys' fees, and agrees to the jurisdiction of the Commonwealth of Massachusetts. 'Y " 1cople and T chnolo-1: C'rcu/il,� a ,Su1e r, (.7co/w/.I)714rrilmu'I " CleanHarbor5 August 18, 2015 Page 7 of 9 Clean Harbors, Quote#2229049 ACKNOWLEDGEMENT Your signature below indicates your acceptance of the pricing and terms detailed in the quote above, and the Field Services Agreement in the following pages. Thank you for the opportunity to be of service. CUSTOMER'S AUTHORIZED Clean Harbors Environmental Services, Inc. REPRESENTATIVE OR AGENT Signature Signature Print Name Print Name Date Date Phone Purchase Order Number Customer Insurance Carrier " ";,cop/c� arrd ICc:hnu�lr� y (...'r�:�ir�iia;; 0CUMT 1"1101 .1171 IC171 ' Cleanftbor5 August 18, 2015 Page 8 of 9 Clean Harbors, Quote #2229049 FIELD SERVICES AGREEMENT The Customer acknowledges that the estimated cost is based on a preliminary on-site appraisal by the Clean Harbors Environmental Services, Inc.("Clean Harbors") field representative and that the amount invoiced by Clean Harbors will be based on labor and materials actually expended in performing the Scope of Work. Any changes in the Scope of Work will be billed in addition to the estimated cost specified above. Customer hereby assigns to Clean Harbors all rights to any insurance payments that Customer may be entitled to receive to pay for the Services provided under this Field Services.Agreement and hereby authorizes its insurance company or agent to pay Clean Harbors directly.Customer agrees that all charges that are not paid to Clean Harbors by its insurance company will be paid by the Customer. This Field Services Agreement establishes the terms and conditions under which Clean Harbors agrees to provide,and Customer agrees to pay for,Services. In consideration of the mutual covenants contained herein,and for other good consideration,the receipt and sufficiency of which is hereby acknowledged, the parties have caused this Agreement to be executed by their duly authorized representative as of the date first written below. STANDARD TERMS AND CONDITIONS 1. Clean Harbors shall provide all labor, materials, tools, equipment and subcontracted items necessary to perform the Services described in the Scope of Work.Clean Harbors represents that it is properly licensed,possesses the requisite skills and shall perform the work in a professional and workmanlike manner. 2. Customer shall provide full and complete information regarding the site, surface and subsurface conditions, utility locations, site ownership, contractor access, hazardous materials or wastes and other substances or hazards likely to be present and any other reports,documentation or information concerning the site or Scope of Work which may reasonably be provided to Clean Harbors. Customer represents and warrants to Clean Harbors that Customer has the requisite legal right,title,and interest necessary to provide access to the job site. 3. Clean Harbors shall procure and maintain at its own expense during the term of this Agreement the following insurance coverages: Worker's Compensation: Statutory Employer's Liability: $2,000,000 General Commercial Liability: $2 million per occurrence $4 million aggregate Automobile: $5 million combined single limit Contractors Pollution Liability: $10 million each Claim $10 million all Claims The Customer agrees that Clean Harbors,liability under this Agreement and Scope of Work shall not exceed the value of this contract,or the amount paid to Clean Harbors by Customer,whichever is less. 4. The payment terms set forth herein are contingent upon the approval of Clean Harbors' Credit Department. In the event of a change in Customer's financial condition,Clean Harbors reserves the right to alter,change,or modify payment terms,and to immediately stop work.The failure of Clean Harbors to exercise its rights under this article at any time shall not constitute a waiver of Clean Harbors'continuing right to do so. Payment of the total estimated cost is required prior to performance of any service by Clean Harbors unless other payment terms have been established by the parties. Clean Harbors'standard terms of payment to approved accounts are net fifteen(15)days from the date of invoice.Interest shall accrue at the rate of one and one half(1.5%)percent per month,or at the maximum rate allowed by law,after fifteen(15)days. In the event that legal or other action is required to collect unpaid balances or invoices, Customer agrees to pay all costs of collection, including reasonable attorneys' fees, which may be incurred by Clean Harbors."Legal or other action"as used above shall include bankruptcy and insolvency proceedings. Customer's obligation to pay the amounts due pursuant to this Agreement shall not be conditioned upon or limited by the types, amounts or availability of Customer's insurance. Customer agrees to pay Clean Harbors in accordance with Clean Harbors' published Rate Schedule ("Rates") for any litigation support or testimony provided by Clean Harbors in connection with,or arising out of,the work performed by Clean Harbors hereunder. 5. In the event that work is suspended or terminated for any reason prior to the completion of the Scope of Work,Customer agrees to pay for labor, equipment,materials,disposal and other costs incurred by Clean Harbors at the Rates and for reasonable demobilization costs. 6. Customer agrees that Clean Harbors shall not be responsible for pre-existing contamination at the job location,natural resource damage,or for indirect,incidental,consequential or special damages,including loss of use or Icst profits,resulting from or arising out of the performance of the Scope of Work by Clean Harbors,its employees,agents and/or subcontractors. 7. The performance of this Agreement,except for the payment of money for Services already rendered,may be suspended by either party in the event performance of this Agreement is prevented by a cause or causes beyond the reasonable control of such parties.Such causes shall include but not be limited to:acts of God,acts of war,riot,fire,explosion,accidents,inclement weather or sabotage,lack of adequate fuel,power,raw materials, labor or transportation facilities;changes in government laws, regulations, orders,or defense requirements; restraining orders, labor disputes,strike,lock-out or injunction(provided that neither party shall be required to settle a labor dispute against its own best judgment).The party which is prevented from performing by a cause beyond its reasonable control shall use its best efforts to eliminate such cause or event. I <: "I'cople and Tec:hrwlcgly C'rc'c l/r,L a Su��-r, Clc�iert��t f. rtviruttrrrerr�" Harbo�r5 August 18, 2015 Page 9 of 9 Clean Harbors, Quote#2229049 STANDARD TERMS AND CONDITIONS B. Clean Harbors agrees to indemnify,save harmless and defend the Customer,its parent,subsidiary and affiliated companies and their respective directors,officers,employees,agents and assigns from and against any and all losses,liabilities,claims,penalties,forfeitures,suits,and the cost and expenses incident thereto(including cost of defense,settlement and reasonable attorneys,fees)which Customer may hereafter incur,become responsible for or pay out as a result of death or bodily injuries to any person,destruction or damage to any property,contamination of or adverse effects on the environment or any violation of applicable federal,state and local laws,regulations,by-laws or ordinances to the extent caused by: (1) Clean Harbors' breach of any term or provision of this Agreement, or (2) the negligence or willful misconduct of Clean Harbors, its employees or agents in the performance of this Agreement. Customer agrees to indemnify, save harmless and defend Clean Harbors, its parent, subsidiary and affiliated companies and their respective directors,officers,employees,agents and assigns from and against any and all losses liabilities,claims,penalties,forfeitures,suits,and the costs and expenses incident thereto(including costs of defense,settlement and reasonable attorneys'fees)which Clean Harbors may hereafter incur, become responsible for or pay out as a result of death or bodily injuries to any person,destruction or damage to any property,contamination or adverse effects on the environment,or any violation of applicable federal,state and local laws,regulations, by-laws or ordinances to the extent caused by: (1)Customer's breach of any term or provision of this Agreement,or(2)the negligence or willful misconduct of the Customer, its employees or agents in the performance of this Agreement. Neither party shall be liable to the other for indirect,incidental,consequential,or special damages,including loss of use or lost profits. 9. The terms and conditions of this Agreement and Scope of Work and any Clean Harbors change orders or Clean Harbors'daily work sheets signed by both parties constitute the entire agreement between the parties. Additional,conflicting or different terms on any Purchase Order or other preprinted documents issued by Customer shall be void and are hereby expressly rejected by Clean Harbors. In the event that any portion of this Agreement is invalidated for any reason,the parties agree that all other provisions of this Agreement shall remain in force and effect. 10. Customer's representative or agent represents and warrants to Clean Harbors that it is duly authorized to execute this Agreement on Customer's behalf. 11. The validity, interpretation and performance of this Agreement shall be governed and construed in accordance with the Laws of the Commonwealth of Massachusetts and the parties agree to submit to the jurisdiction of the courts of the Commonwealth of Massachusetts for any disputes arising under this Agreement. eop/c and 7E'(.:h1T07(w).'��_l�(.'tY/t114'a •Saler, (7h. aIRIV L'111'11Y71 tru-'11l s« 700 Richmond Street, East Taunton, MA 02718 508-828-1005 Fx: 508-824-2486 August 4, 2015 Latanzi,Spaulding and Landreth PC 8 Cardinal Lane Orleans,MA 02653 RE: Underground Oil Storage Tank Removal/Disposal 390 Elliott Road Centerville,MA Dear Ms. Quinn: Global Remediation Services("Global") is pleased to offer our services in strict accordance with all applicable federal,state and local regulations. (Global) is pleased to present this updated quote for the permitting,excavation,cleaning,removal and proper disposal of one(1000 gallon) underground#2 oil storage tank located at the above referenced property in Centerville, MA, Based upon our most recent site inspection,Global proposes to conduct the following: • Global will obtain Dig Safe#and underground oil storage tank removal permit from the Centerville-Osterville Marstons Mills (COMM)Fire Department; • Global will have the water shut off at the street and will cut the irrigation system(which runs over the tank area); • Global will excavate the tank utilizing a PC 75 and Operator and a Skid Steer and Operator. • Global will cut open the top of the tank and will conduct an OSHA approved Confined Space Entry (CSE)and clean the interior of the tank; • Global will vacuum out all remaining oil sludge from the interior of the tank and will evacuate and cut the lines coming from the tank. • Global will manifest all residual oil sludge/liquid and properly dispose of this material at a licensed disposal facility. • Once the tank is emptied and cleaned;Global will lift and remove the existing tank and associated piping. The tank will be loaded onto a trailer while in the driveway so as to minimize any impacts to the Stone stairway and/or stone wall areas. EXHIBIT g a a TAIL\t 700 Richmond Street, East Taunton,MA 02718 508-828-1005 Fx: 508-824-2486 • Global will coordinate and oversee the COMM Fire Department Inspection; • Global will import clean backfill to the site and will backfill and compact the excavated tank area' • Global will load,transport and dispose of the existing tank to a certified scrap yard; • Global will process the Fire Department permit. COST OF SERVICES Item MDescri lion : .Quariti Unit Price Total=: 01 Global will provide labor and equipment to LS $ 6,850.00 $ 6,850.00 excavate,pump,clean,remove and dispose of up to 1000 gallon underground oil tank and back fill to grade 02 COMM Fire Department Permit 1 TBD TBD 03 Disposal of residual oil/sludge $550.00 $550.00 550.00 minimum disposal) disposal disposal, Q - TERMS &CONDITIONS • GLOBAL will have free and easy access to the work area. • *The quantities presented herein are estimates only. Billing will be based upon actual quantities encountered in the field. • Costs assume a$550.00 minimum disposal of residual oil. • Costs do not include the relocation of any utilities other than the cutting of the irrigation line; • Costs include backfill to grade only-no other landscaping/restoration is included. • All work will be performed during normal business hours of 7:00 am-4:00 pm; • Additional costs may be incurred due to off spec wastes or rejected loads. • GLOBAL's payment terms are COD upon completion of the project.. • This quotation is valid for 30 days. • Any delays incurred beyond the control of(Global)will be billed at Time &Materials rates If you have any questions regarding this quotation or would like further information on our services,please feel free to call me at 508-828-1005 or 617-592-6991. Sincerely, . Heather M.Atwood Heather M. Atwood General Manager F. E sit 700 Richmond Street,East Taunton,MA 02718 508-828-1005 Fx: 508-824-2486 PROPOSAL ACCEPTANCE The above pricing and assumptions/conditions are satisfactory and hereby accepted. I am commissioning this work as an authorized Representative of("The Owner"). Payment will be made as outlined in this proposal. My signature denotes a legal and binding contract. Client agrees to the above"assumptions/conditions" and assumes full responsibility for payment, including all off-specification surcharges,payment collection actions and associated fees. Signature Date Print Name Purchase Order No. 3 From: Kristen Rufo Sent: Wednesday, July 29, 2015 9:55 AM To: 'Anthony Alva' Cc: Alison L. Quinn Subject: FW: Estate of William Longstreth; 390 Elliot Road, Centerville Dear Anthony: Please be advised that Global Remediation will be on site, at the exterior of the premises at 390 Elliot Road, briefly today or tomorrow for the purpose of preparing an estimate regarding the cost to remove the fuel tank. At your earliest convenience, please respond regarding the questions posed below. Thank you. Kristen S. Rufo, Esq. La Tanzi, Spaulding & Landreth, P.C. 8 Cardinal Lane; P.O. Box 2300 Orleans, MA 02653 (508)255-2133 (508)255-3786 (fax) krufo(o)_latanzi.com This email message and any files transmitted with it contain PRIVILEGED AND CONFIDENTIAL INFORMATION and are intended only for the person(s) to whom this email message is addressed. As such, they are subject to attorney-client privilege and you are hereby notified that any dissemination or copying of the information received in this email message is strictly prohibited. If you have received this email message in error, please notify the sender immediately by telephone or email and destroy the original message without making a copy. Thank you. From: Kristen Rufo Sent: Friday, July 24, 2015 2:37 PM To: 'Anthony Alva' Subject: Estate of William Longstreth; 390 Elliot Road, Centerville Dear Anthony: In furtherance of our telephone conversation this afternoon, attached please find the notice received from the Town of Barnstable indicating that the underground Fuel and Chemical Storage Tank must be removed. When you return from your vacation, would you please let me know whether the underground storage tank at issue currently provides oil to the home and whether the removal would render the home without heat or whether there is a functioning oil tank in the basement. Secondly, if the Storage Tank is non-functioning and will not affect heat or hot water to the home, would you please advise whether your clients have any objection to the Estate complying with the order to remove the tank at this time. a EXHIBIT C dr Thank you. Kristen Kristen S. Rufo, Esq. La Tanzi, Spaulding & Landreth, P.C. 8 Cardinal Lane; P.O. Box 2300 Orleans, MA 02653 (508)255-2133 (508)255-3786 (fax) krufo latanzi.com This email message and any files transmitted with it contain PRIVILEGED AND CONFIDENTIAL INFORMATION and are intended only for the person(s) to whom this email message is addressed. As such, they are subject to attorney-client privilege and you are hereby notified that any dissemination or copying of the information received in this email message is strictly prohibited. If you have received this email message in error, please notify the sender immediately by telephone or email and destroy the original message without making a copy. Thank you. � s 10/6/2015 Town of Barnstable Page 1 of 1 Residential Underground Storage Tanks Owner 14A1' Tank Tank Age Town State Map Parcel Property Location No Tag No Install Date in Years ZOC ZOC .4�9�`1'� g 188123 55 SCUDDER BAY CIRCLE MORRISON, BRIAN A& SUSAN B 1, 00095 1/1/1978 37 AP OUT 227140 390 ELLIOTT ROAD LONGSTRETH, WILLIAM ESTATE OF 1 0 1/1/1980 35 AP OUT 00065 1/1/1953' 62 AP OUT ENUE - R otce-re 1/16/1969 46 AP OUT 3.07�77 ° `�r, , x�n r•r.n,.T�T T �� . owz rib u� 3/11/1975 40 AP OUT inn c_� � •LATH P�A�,s� � }�r�� T 1 00478 1/1/1968 47 SPLIT IN 289140 88 GREENWOOD AVENUE WHITCOMB,-LINDA MARIE CARA 1 0 1/1/1968 47 SPLIT OUT ABOVE TANKS ARE IN PROCESS OF BEING REMOVED 228105 473 PINE STREET(HY,CENT) DENNEN,DAWN D 1 0 1/1/1968 47 AP OUT DENNEN ORDERED TO APPEAR BEFORE BOH 165079 159 MAIN STREET(OST.) WEBBER, JAY L TR 1 00416 1/1/1986 29 AP OUT 208086 156 SOUTH MAIN STREET LUTHER,ALLEN R JR& SUGDEN, 3 00000 11/17/1997 17 AP OUT 300008 3206 MAIN ST./RTE 6A(BARN.) FIELD, JOHN A &BEARSE, M KRISTEN 1 00000 1/1/1998 17 AP OUT THESE TANKS HAVE NOT YET REACHED MAXIMUM LIFE °FTHE T°� Town of Barnstable Regulatory Services Barnstable 9 MASSS. * Richard V. Scali, Director -A A� merica City 039. -�� Public Health Division 11111.F pTfD MA'1 s Thomas McKean, Director 2007 200 Main Street Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 July 2, 2015 LONGSTRETH, WILLIAM ESTATE OF INDUSTRY CONSULTING GROUP PO BOX 8265 WITCHITA FALLS, TX 76307-8265 RE: Underground Storage Tank 390 ELLIOTT ROAD Centerville Map/Parcel: 227140 Tank Number: 1 Tag Number: UNK FINAL NOTICE Board of Health records indicate that an underground fuel(or chemical)storage tank at the above location exceeds thirty(30)years in age and has not yet been removed as required by the Town of Barnstable Code Chapter 326, Section 3,Fuel and Chemical Storage Tanks. You are directed to remove this tank. Upon completion of the tank removal, please submit to this office a copy of the permit for storage tank removal issued by your local Fire Department. This permit is required to be obtained prior to the tank removal. This copy of the removal permit serves as documentation that the underground storage tank was properly removed and disposed of. Should you be unaware of the existence of the above mentioned tank or its possible previous removal, an independent third party(i.e. oil company,tank removal company, or environmental services company) may be able to assist you in physically locating and/or verifying the current existence of the tank. Should this be the case, a written document from the independent third parry is required as verification that the tank had been previously removed and/or does not exist. Failure to comply with this second and FINAL order of the Board of Health will result in automatic scheduling of a hearing before the Board at the next available public meeting, which will be August 18, 2015. The meeting will begin at 3:00 PM and will be located at Barnstable Town Hall,367 Main Street, Hyannis,MA 02601. NOTE: The July Board of Health meeting date was changed. Therefore,this issue will be addressed at the August 18'h meeting instead. Thomas A. McKean,RS, CHO Public Health Division,Director QAHazmat\Underground Tanks\2015\letters sent 070215-FINAL NOTICE00 yr old UST 390 Elliott Rd CENT.doc i FTNE Tph, Town of Barnstable ti Regulatory Services Barnstable 9sn MASS. Richard Richard V. Scali, Director seamencacnv s639. ,�a Public Health Division � ' ' f ► Thomas McKean, Director 2007 200 Main Street Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 March 30, 2015 LONGSTRETH, WILLIAM ESTATE OFr390 r" - INDUSTRY CONSULTING GROUP PO BOX 8265 WITCHITA FALLS, TX 76307-8265 Storage Tank T ROAD 227140 r: 1 : UNK Board of Health records indicate that an underground fu or chemical) storage t the above location exceeds thirty(30)years in age and has not yet bee red by the Town of Barnstable Code Chapter 326, Section 3, Fuel and Chemical Storage Tanks. You are directed to remove this tank within sixty(60)days from the date of this Notice. Upon completion of the tank removal and within ninety(90)days of receipt of this Notice, please submit to this office a copy of the permit for storage tank removal issued by your local Fire Department. This permit is required to be obtained prior to the tank removal. This copy of the removal permit serves as documentation that the underground storage tank was properly removed and disposed of. Should you be unaware of the existence of the above mentioned tank or its possible previous removal, an independent third party(i.e. oil company,tank removal company, or environmental services company) may be able to assist you in physically locating and/or verifying the current existence of the tank. Should this be the case, a written document from the independent third party is required within ninety (90)days of receipt of this notice as verification that the tank had been previously removed and/or does not exist. You may request a hearing before the Board provided that a written petition requesting same is received by the Board of Health within ten (10)days after this order is served. Failure to comply with an order of the Board of Health will result in automatic scheduling of a hearing before the Board at the July 14, 2015 public meeting. The meeting will begin at 3:00 PM and will be located at Barnstable Town Hall, 367 Main Street, Hyannis; MA 02601. Thomas A. McKean, RS, CHO Public Health Division, Director Q:\Hazmat\Underground Tanks\2015\letters\30 yr old UST 390 Elliott Rd CENT.doc