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Home My WebLink AboutPratt St. #12 - 11/14/2005ENGINEERING Environmental Engineers & Scientists November 14, 2005 Mr. John O. D'Agostino, Town Manager Mr. Scott Leite, Health Agent' TOWN OF MANSFIELD TOWN OF MANSFIELD Six Park Row Six Park Row Mansfield, MA 02048 Mansfield, MA 02048 (508)261-7370(508)261-7370 RE.: 12 Pratt Street, Mansfield DEP Release Tracking Numbers 4-15838, 4-16036 and 4-16683 Dear Messrs. D'Agostino and Leite: On behalf of Pratt Street Realty, Inc and in accordance with the public involvement requirements specified in the Massachusetts Contingency Plan, Penney Engineering, Inc is hereby providing notification to your offices of the availability of a combined Release Abatement Measure (RAM) Completion Report and a Response Action Outcome (RAO) Statement for its property at 12 Pratt Street. On November 7, 2000, the Department of Environmental Protection ("the DEP") was notified of contaminated soil around an underground heating oil/waste oil tank. On February 5, 2001, the DEP was also notified of contaminated soil and groundwater around a dry well. In August 2001, Penney Engineering was requested to review the site conditions and complete limited groundwater and soil sampling. The findings of our assessment indicated that the significant soil and groundwater contamination at the site required that response actions be conducted. A total of approximately 686 cubic yards of contaminated soil was removed from the property. Remedial additives were applied to the groundwater and the groundwater was periodically sampled. A condition of no significant risk of harm to human health, safety, public welfare and the environment has been achieved at the property. No imminent hazards to the health and welfare of the public have been identified at the property. Local officials may obtain copies of the combined RAM Completion Report and RAO Statement by contacting the DEP Southeast Regional Office at (508) 946-2714 and referring to Release Tracking Number 4-15838. Yours truly, �w 411 P Ralph P. Penney, PE, LSP President cc: Pratt Street Realty, Inc. 125 High Street, Mansfield, MA 02048 (508) 261-1288 • FAX (508) 261-1208 web: www.PenneyEng.com email: sales@PenneyEng.com Jul. 19, 2007 3:17PM MASS OEP No. 9233 P. 2/3 QAF COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF �'+ NERGY & ENVIRO S DEPARTMENT OF ENviRONMENTAL PRO �B�Itj SOUTHEAST REGIONAL OFFICE (_,O .L 20 RIVJERSim 13I m, LAKEVILLE, MA 02347 508- DEVAL 1, PATRICK IM A BOWLES Gaovernor- Secrefary TIMOTHY P. MURRAY ARLEEN O'DONNELL Liautanant t]overnor CoxftnkL� oe Dennis Vachon Pratt Street Realty, Inc. 21 Edgewater Drive Norton, Massachusetts 02766 Dear Mr. Vachon; July 13, 2007 Re: MANSFIELD — BWSC/AP RTN 4-15838 Pratt Street Realty, Inc. 12 Pratf street Release Abatement Measure Completion and Class A-2 Response Action Outcome NOTICE OFAUDIT REQUEST FOR SITE INSPECTION The Department of Environmental Protection's Bureau of Waste Site Cleanup (the Department or MassDEP) has selected the above -referenced site for an Audit. The Department audits response actions conducted without Department oversight at oil and/or hazardous material disposal sites, in order to ensure that these actions are meeting the requirements of Massachusetts laws and regulations, including Massachusetts General Law Chapter 21E and the Massachusetts Contingency Plan (the MCP}, 31a CMR 40.00W, An Audit Fact $heat is attached (Attach_ment A) which putllnes the audit process and provides the citations in the MCP that relate to the audit process. Audit staff from the Southeast Regional Office will primarily focus the Response Action Outcome Statement and RAM Completion Statement, dated November 2005, prepared by Penney Engineering, Inc., and received by the Department on November 14, 2005 for this audit evaluation. In addition, other documents available in Dcpartnrent records for the site may be evaluated during this audit: The Department's evaluation of the site's compliance status will be based on the information .provided in these documents. If you are aware of additional, existing documentation relevant to the response actions being audited at the site, please submit the existing documentation to the Department within fourteen (14) days of your receipt of this Notice. Thta Information to available in allrmate formae Call Aooald M. Comas, ADA Coordinator at 617-M-10.17. TU Scrviro- 3-800-298-3207. DEP on the Word Wide Web: hbp:/Aw .mass.pay/dep Q Pdnied an Recycled Paper . Jul. 19. 2007 3:1IPM MASS DEP No.9233 P. 3/3 Pratt Street Realty, Mansfield, RTN 4-15838 Notice of Audit Request For Site Inspection The Department requests an appointment to inspect the site on July 26, 2007 at 10:00AM. The inspection will be conducted by Rebecca Walsh. You or a representative familiar with the site and the Licensed Site Professional (LSP) are requested to attend. Please call Rebecca Walsh within seven (7) days of receipt of this Notice at (508) 946-2869 to either confirm the appointment or to arrange an alternative date or time. The purpose of the inspection will be to evaluate the site conditions in relation to the information received by the Department, and to discuss issues identified during the Department's record review. Preliminary audit findings based on the Department's file review may also be discussed during the site inspection. Audit Results After the site inspection, the Department will evaluate whether the actions taken at the site are in compliance with the regulations and meet the performance standards needed to protect public health, safety, and the environment. The Department's determination of compliance will be based on the work performed as of the date the submittal was received by MassDEP. You will receive a Notice of Audit Findings (NQAF) summarizing the results of the audit. If the Department finds that response actions were not conducted in compliance with the MCP, you will be notified of the actions needed to return to compliance. The Department may set Deadlines, which you will be expected to meet, to correct any viplations, or the bepariment may pursue higher level enforcement. Response actions at the site can proceed as planned during the audit unless MassDEP otherwise notifies you If you have any questions about this Notice, or if you cannot comply with its requirements, please call Rebecca Walsh at (508) 946-2869. MassDEP appreciates your anticipated cooperation in this matter. �►W.- ri raz Deborah A. Marshall Chief, Audits Program MIRW/rt xoa4-issas CERTIFIED MAIL #7002 2030 0006 4996 1917 Attachments: A. Audit Fact Sheet B. Certification of Submittal Jul.19. 2007 3:16PM MASS DEP No.9233 P. 1/3 DEVALL PATWcx Governor-. TIMOTHY?. MUlwAY Lieutenant Governor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION SOUTHEAST REGIONAL OFFICE 20 RIVERSIDE DRIVEL LAKEVII,LEe..MA 02347 509-046.27nn FAX: (508) 947-6557 �. IAN A BOWLM 'JUL Ui 2 0 2OOT D se«etw ENODONNB" Commissioner To Fax #(a): F►oma Roslyn Reimaa Phonw. (SOB) M-2883 "Y3 43 Dated Pages: Comments: Please find attached lettes(s); v(2 U written by:ll�(oo, 0:2,a 6 d QA 51 plus this cover pope 71i+in(armeoan is enilahle in alteroah hrmaE QV Dnaald K Ghme%ADA Coordhgter etd17J76-1057 TOD 3ervke. 1.800,299-120% DEp on the Wood We Web; hRp'/Avww.Mft9ob6ap 0 Pooled on RoVoled Paper I I I Oct.30, 2007 2:09PM MASS DEP No.2153 P. 2/9 COMMONWEALTH OF AWSACHUSETTS EXECUTIVE OFFICE OF ENERGY & EWRONA S DEPARTMENT OF ENVIRONMENTAL PRO1 SOUTHEAST REGIONAL OFFICE �1 j -20 RIVERSIDE DRIVE LAXEVILLE, MA 02347 508-946-2700 DEVAL L. PATRICK Governor TIMOTHY P. MURRAY Lieutenant Covernor Dennis Vachon Pratt Street Realty, Inc. 21 Edgewater Drive Norton, Massachusetts 02766 Dear Mr. Vachon: IAN A.13OWLES Secretary LAURIE BURT Commissioner October 29, 2007 RE: NOTICE OF AUDIT FINDINGS AND NOTICE OF NONCOMPLIANCE Mansfield Former Tire Headquarters/Lance Buick -i 12 Pratt Street RTN's 4-15838, 4-16036, 4.16683 NON-SE-07-3A-053 On July 13, 2007, Pratt Street Realty, Inc. (hereafter referred to as you) was notified that the Massachusetts Department of Environmental Protection (the Department) began auditing response actions conducted to address the release of oil and/or hazardous material at the location identified above, This Notice informs you of the results of the Department's audit. The site (approximately 17,905 square feet) is located at the intersection of Pratt Street and Fuller Place in a residential/ commercial -zoned area. According to the A-2 Response Action Outcome (RAO) report, the site was used as an auto repair facility from the early 1940s to the early 1980s, then as a Tire headquarters from the early 1980s to November 2000, then as auto storage by Lance Buick from November 2000 to January 2004 when the former garage and showroom building was demolished. In Spring 2004, a three-story office/apartment building was constructed on the site. According to the RAO report, the Method 1 GW-2 and/or GW-3 categories apply, On November 7, 2000, MassDEP was notified of petroleum, lead and polychlorinated biphenyl (PCB) -impacted soil encountered during a 2,000-gallon heating oil/waste oil underground storage tank (UST) removal; RTN 4-15838 was assigned, On February 5, 2001, MassDEP was -notified of waste oil -impacted soil and groundwater identified around a drywell in the parking lot (floor drains in the building were connected to the drywell); RTN 4-16036 was assigned, On November 8, 2001, MassiDEP was notified of impacted soil encountered near a former gasoline This Wvrmolion is availoble is alternate format Call Donald M, Gomm, ADA Coerdlnptur of 617-556-11157. TOD Servlco=1-600496.2207. DEP on the Wodd Wide Web: 1111P;IA x ,ma3s.9000p 10 Printed cn Recycled Paper Oct.30, 2007 2:09PM MASS DEP N0.2153 P. 3/9 Mansfield, RTN; 4-15838 NOTICE OF AUDIT FINDINGS AND Pagel NOTICE OF NONCOMPLIANCE UST and dispenser; RTN 4-16683 was assigned. A second 1,000-gallon gasoline UST was encountered during soil removal activities in December 2001. These two subsequent RTNs were linked under the primary number (4-15838) in a Phase Mier 2 Classification submittal received on November .-13,-2001, .,Release Abatement Measure (RAM) activities commenced -in- - - November 2000 and continued until the RAM Completion/A-2 RAO was received in November 2005. A site inspection was conducted on August 2, 2007 as part of the audit. VIOLATIONS IDENTIFIED The Department has determined that response actions were not performed in compliance with the requirements of the Massachusetts Contingency Plan (MCP). The enclosed Notice of Audit Findings and Notice of Noncompliance lists the violations and those actions that are required to achieve compliance. Specifically, the Notice of Audit Findings and Notice of Noncompliance contains: (1) the requirement violated, (2) the date and place the Department asserts that the requirement was violated, (3) either the specific actions which must be taken in order to return to compliance or direction to submit a written proposal describing how and when you plan to return to compliance, and (4) the deadline for taking such actions or submitting such a proposal. LICENSED SITE PROFESSIONAL (LSP) A copy of this notice has been sent to Ralph Penney, the current LSP-of-Rccord for the disposal site. However, you, not your LSP, are responsible for responding to this Notice of Noncompliance and correcting the violations identified therein. LIMITATIONS The Department's findings were based on the certainty of the information reviewed during the audit. These findings do not: (1) apply to actions or other aspects of the site that were not reviewed in the audit, (2) preclude future audits of past, current, or future actions at the site, (3) in any way constitute a release from any liability, obligation, action or penalty under M.G.L. c. 2IR, 310 CMR 40,0000, or any other law, regulation, or requirement, or (4) limit the Department's authority to take or arrange, or to require any Responsible Party or Potentially Responsible Party to perform, any response action authorized by M.G.L. c. 21 E which the Department deems necessary to protect health, safety, public welfare, or the environment. If you have any questions regarding this Notice, please contact Rebecca Walsh at (508) 946-2869. Please reference the primary Release Tracking Number, RTN 4-15838, in any future correspondence to the Department regarding the site. Sincerely, �a Q.C/�t5't:%� tYe&4a Deborah A. Marshall Chief, Audits Program Bureau of Waste Site Cleanup Oct, 30. 2007 2:09PM MASS DEP No, 2153 P. 4/9 Mansfield, RTN: 4-I5838 Page 3 NOTICE OF AUDIT FINDINGS AND NOTICE OF NONCOMPLIANCE M/RW/rr NOAF.docl4-15838 noaf non CERTIFIED MAIL # 7002 2030 0006 4996 2426 Enclosure: Notice of Audit Findings and Notice of Noncompliance fc: Mansfield Board of Selectmen Mansfield Boatel of Health (508)261-7498 (508)261-7343 cc: Ralph Penney, LSP-of-Record Penney Engineering, Inc. 125 High Street Mansfield, Massachusetts 02048 Stanley B.Feck Feck Properties, LLC 494 Steams Avenue Mansfield, Massachusetts 02048 ec: DEP - Data Entry RAO ACTAUD, AUDCOM NAFNON Oct.30. 2007 2:09PM MASS DEP No.2153 P. 5/9 Mansfield, RTN: 4-15838 Page 4 NOTICE OF AUDIT FINDINGS AND NOTICE OF NONCOMPLIANCE NOTICE OF NONCOMPLIANCE NON-SE-07-3A-053 RTN 4-15838 THIS IS AN IMPORTANT LEGAL NOTICE, FAILURE TO RESPOND COULD RESULT IN SERIOUS LEGAL CONSEQUENCES. NAME OF ENTITY IN NONCOMPLIANCE: Dennis Vachon Pratt Street Realty, Inc. 21 Edgewater Drive Norton, Massachusetts 02766 LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED: 12 Pratt Street, Mansfield, Massachusetts DATES WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED: November 14, 2005 (date Class A-2 RAO was received) DESCRIPTION OF REQUIREMENTS NOT COMPLIED WITH: Violation of 310 CMR 40.0445 (Class II) —Release Abatement Measure Status Reports and 310 CMR 40,0560 Class II — Response Action Deadlines and Re uirements for Tier II Disposal Sites Release Abatement Measure (RAM) Status Reports shall be submitted to the Department 120 days following receipt by the Department of a complete RAM Plan and every six months thereafter, until a RAM Completion Report has been submitted to the Department, A Responsible Party undertaking response actions at a Tier II disposal site shall submit the following documents by the following deadlines: a Phase Il report, and if applicable, a Phase III Remedial Action Plan, within two years of the effective date of Tier Classification, and; a Phase 1V Remedy Implementation Plan within three years of the effective date of Tier Classification. RAM activities commenced in November 2000 and continued until the RAM Completion/RAO Report was received in November 2005. One RAM Status Report was two months late and one Status Report was not received (due in April 2005). A Phase IMII report was not received by November 2003 and a Phase IV report was not received by November 2004. There is no corrective action required for these violations at this time. however, these violations may be used to establish a pattern of noncompliance if future enforcement actions are pursued. Oct.30. 2007 2:09PM MASS DEP No.2153 P. 6/9 Mansfield, RTN; 4-15838 NOTICE OF AUDIT FINDINGS AND Page 5 NOTICE OF NONCOMPLIANCE Violation of 310 CMR 40 0046f4) & t51(ClassII) — Application of Remedial Additives (4) Each person performing response actions at a disposal site that includes the application of remedial additives shall: (a) prior to the application of Remedial Additives, collect soil and/or groundwater .samples .to document the concentrations of oil .and/or .hazardous materials,. and. Remedial Additives, .and Remedial Additive By -Products, and; (b) after the application of -Remedial Additives, monitor the groundwater hydraulically upgradient and downgradient and where practicable underlying the point of application of Remedial Additives at regular intervals of three months thereafter to detect any migration of oil and/or hazardous material, Remedial Additives, or Remedial Additive By -Products. (5) Each person shall after the final application of Remedial Additives at a Disposal Site, monitor the groundwater at regular intervals for a reasonable period of time to demonstrate compliance with 310 CMR 40.0046(1)(b), In January 2002 two groundwater samples were collected (AET-2 & AET-8) prior to remedial additive application. Remedial additives were added to the excavation, mixed and. baekfilled, However, no upgradient monitoring point was included per 40.0046(4)(b). Groundwater monitoring was conducted periodically on two to three wells (AET-2, 3 & 8) for volatile petroleum hydrocarbons (VPHs), extractable petroleum hydrocarbons (EPHs) and/or remedial measurements (dissolved oxygen, pH, temperature, & bacteria) from January 2002 through March 2005, Remedial additives were added to wells AET-2, AFT-3 and MW-1 from January 2002 through March 11, 2005. The last groundwater measurements for remedial additive by- products was March 23, 2005, There is no corrective action required for these violations at this time. However, these violations may be used to establish a pattem of noncompliance if future enforcement actions are pursued. Violation of 310 CMR 40.1004 Klass 111 —Performance Standards for Response Action Outcomes A Response Action Outcome shall be supported by assessments and evaluations pursuant to 310 CMR 40.0000 which are: a) of sufficient scope, detail and level of effort to characterize the risk of harm to health, safety, public welfare and the environment posed by the disposal site pursuant to 310 CMR 40,0900; b) are consistent with the Response Action Performance Standard described in 310 CMR 40.0191; o) are commensurate with the nature and extent of the release and complexity of site conditions; d) demonstrate that all the requirements of the applicable class of RAO pursuant to 310 CMR 40.1000 have been met, and; e) conform with the applicable requirements and procedures for conducting response actions specified in 310 CMR 40.0000. The nature and extent of groundwater contamination at the site has not been adequately delineated. According to the RAO, PCB -impacted soil was encountered in the waste oil/beating oil LIST area and a PCB concentration of 0.67 ppb from well AET-5 exceeded the Method 1 GW-3 standard, This PCB concentration was not acknowledged as an exceedance of the Method 1 GW-3 standard in the RAO report and no further samplinglanalysis for PCBs was conducted for this well. In addition, no information was provided to substantiate that soil and groundwater samples in the vicinity of the former gasoline USTs and dispenser were analyzed for EDB. Monitoring of well AET-2 from March 2002 through April 2004 for VPHs identified VPH Oct, 30. 2007 2:10PM MASS DEP No, 2153 P. 7/9 Mansfield, RTN: 4-15838 NOTICE OF AUDIT FINDINGS AND Page 6 NOTICE OF NONCOMPLIANCE concentrations that exceeded the Method 1 GW-2 standards. This well appeared to be within thirty (30) feet of the former garage but was destroyed in the Spring 2004 and the office/apartment building was constructed on the southern part of the site and above this well. This monitoring. -well- was not replaced with a collocated well and no further monitoring .was .. -- conducted. In addition, an evaluation of the potential impacts to indoor air for the recently constructed commercial/residential building above this area was not conducted. Violation of 310 CMR 40,0017(1) (Class II) — Environmental Sample Collection and Analvsis Any person undertaking response actions under the provisions of the MCP shall ensure that analytical and environmental monitoring data used in support of recommendations, conclusions, or LSP Opinions with respect to assessment, removal, or containment actions is scientifically valid and defensible, and of a level of precision and accuracy commensurate with its stated or intended use. In June 2002 well AFT-2 was sampled for PCBs. however, the reporting limits were noted as 1 ppb and the Method 1 GW-3 standard is 0.3 ppb for PCBs. In addition, no reporting limit was noted for the December 2000 PCB sampling of this well and the laboratory reports were not appended to the RAO. Additional information submitted subsequent to the August 2, 2007 site inspection indicated that analysis of EDB in soils had been conducted and no EDB was detected above the detection limits of 0.2 ppm. However, the Method I S-I/GW-2 and S-1/GW-3 standards for EDB are 0.01 ppm, In addition, no boring logs/test pit logs were included in the RAO to support the assertions that the elevated lead concentrations identified in the heating oil/waste oil UST area and the drywell area were attributable to urban fill. Violation of 310 CMR 40.0974 Class III_ Identification of Applicable Groundwater Categories The groundwater categories (GW-I, GW-2, and/or GW-3) identified for the disposal site per 310 CMR 40.0932 shall determine which columns of numerical standards listed in Table 1 are applicable to the groundwater. If multiple categories apply to the groundwater at the disposal site, the lowest of the applicable MCP Method 1 groundwater standards shall be used to characterize the risk of harm posed by the oil and/or hazardous materials at the disposal site. Although the Method 1 risk characterization notes that all groundwater is classified as GW-3, it later states that the applicable groundwater standards are GW-2 for the site. Some tables in the RAO present both Method 1 OW-2 and GW-3 standards, however, some only present the GW-2 standards for comparison to determine No Significant Risk, Violation of 310 CMR 40.1003(4) Class 11 --Disposal Site Boundaries The location of a site for which an RAO applies shall be clearly and accurately identified in the RAO Statement. The boundaries of a disposal site or portion of a disposal site for which an RAO applies shall be clearly and accurately delineated and provided in documentation submitted with the RAO Statement, The RAO Site Plan in the RAO does not depict the boundaries of the disposal site. Oct.30, 2007 2:1OPM MASS DEP No.2153 P. 8/9 Mansfield, RTN: 4-15838 NOTICE OF AUDIT FINDINGS AND Page 7 NOTICE OF NONCOMPLIANCE ACTIONS TO BE TAKEN AND THE DEADLINE FOR TAKING SUCH ACTIONS: Within sixty (60) days following receipt of this Notice you must submit a Post -Audit Completion Statement..(BWSC-1.11)..prepared. in accordance with 310..CMR 40.1170, ...._. ._ accompanied by one of those documents detailed in either Option A or Option B: Option A: Submit to the Department a revised RAO for the site if conditions necessary to support an RAO have been achieved as a result of additional assessment. This revised RAO shall be prepared in full accordance with the provisions of the MCP and be accompanied by a Post -Audit Completion Statement Transmittal Form BWSC-I 11. M Option B: Retract the existing RAO Statement opinion, and submit a Tier II Extension pursuant to 310 CMR 40.0500. Complete the actions specified above and submit a Post -Audit Completion Statement in accordance with 310 CMR 40.1170 on the form established by the Department. It should be sent to the attention of Rebecca Walsh within sixty (60) days of receipt of this Notice. A copy of the Post -Audit Completion Statement form (BWSC-111) can be located on the Department's website at the following address: httn://www mass og v/dep/cleanup/apnrpvals/trforms,htm If the required actions are not completed by the deadlines specified, an administrative penalty may be assessed for every day after the date of this Notice that the noncompliance occurs or continues. The Department reserves its rights to exercise the full extent of its legal authority in order to obtain fall compliance with all applicable requirements, including, but not limited to, criminal prosecution, civil action including court -imposed civil penalties, or administrative action, including administrative penalties imposed by the Department, Oct, 30, 2007 2:09PM MASS DEP No, 2153 P. 1/9 COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL ,PROTECTION SOUTHEAST REGIONAL OFFICE 20 RIVERSIDE DRIVE, LAKEVILLE, MA 02347 508-946-2700 DEVAL L. PATRIOX Governor LAN A. BOWLES Secretary TIMOTHY P. MUR.$AY Lieutenant Governor LAURIE BURT Commissioner i FAX: (508) 947-6557 To Fax #(s)o From: Roslyn Relmeo Phone: (508) 946-2863 �D Date; lQ `'3Q — b pages: lus I coverpage C . Comments: Please find attached letter(s): 4/ [ we I, o r _ 03A L�673 written by: Thh infirmadon B sysllable in AllernAte formal. Call Donald M. Games, ADA Coordinator at 617.556 1057. TDD Service • 1.89U29&2207. DEP an No world Wide Web: ldtp:/NAwi.mass.govldop Pdnlad on Rwyaled Pape,