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HomeMy WebLinkAboutPenney Engineering Inc. - 10/18/1993]ENN EY ENGINEERING, ING, INC Engineers 18, 1993 Mr. Mark J. Begley Chief -Site Rem_ediation Section DAP-SERO - 20 Riverside Drive Lakeville, MA 02347 (508)946-2873 RE: Hatheway & Patterson Company Site 15 County Street, Mansfield, MA DEP Site No. 4-0571 Dear Mr. Begley: FAX AND MAIL DELIVERY (508)947-6557 Since January, 1992, Penney Engineering has been retained by the Hatheway & Patterson Company to provide environmental engineering services at their 15 County Street wood -preserving facility. Our services have been confined to the environmental issues that pertain to the Massachusetts Contingency Plan and MGL c. 21 E. We have not been involved with any of the environmental issues associated with the operation of the facility nor the compliance with any associated state or federal regulations. On or about February 4, 1993, Hatheway filed for bankruptcy protection. Since the filing, Penney Engineering has continued to provide limited services in order to minimize the potential risk to the public and the environment while we awaited the decision of the bankruptcy court. Our ability to provide services has been limited by the Bank of Boston, as the major creditor, restricting Hatheway's ability to pay for environmental services, including the disposal of hazardous waste. We continue to visit the abandoned facility and receive correspondence regarding the bankruptcy. We have made a number of observations that are as follows: 1. Currently the approximately 40-acre site is abandoned. There is no electricity nor telephone service. The groundwater treatment system required by the Department as a Short Term Measure (STM) to prevent floating oil containing pentachlorophenol (PCP) from entering the Rumford River has not operated since July 15, 1993. The Department has never responded to our notification that the STM is not operating. The groundwater, surface water, and river sediments are also heavily contaminated with PCP. 125 High Street, Mansfield, MA 02048 (508) 261.1288 FAX (508) 261.1208 Recycled Paper Mr. Mark J. Begley October 18, 1993 Page 2 2. Apparently, as a result of the large quantity of water used to fight the July 14, 1993 fire at the adjacent Conlon and Donnelly property, the floating oil on the groundwater has now appeared in monitoring wells that have previously been clean. Based upon our recent determination of the groundwater flow direction, the PCP contaminated oil is moving off the property to the southeast, into the wetlands, the Rumford River backwash, and eventually to Fulton's Pond. Fulton's Pond is heavily used for fishing. A total of approximately 15 gallons of oil containing PCP has been manually collected since bailing operations were reinstituted on August 26, 1993. The groundwater is also contaminated with copper, chromium and arsenic (CCA); metals used to produce pressure -treated lumber. 3. Our December, 1992 sampling program detected 1,300 ug/I PCP in the groundwater, 36 ug/I PCP in the surface water from the Rumford River backwash and 22 ug/I PCP from the Rumford River. The Massachusetts drinking water standard for PCP is 1 ug/l. The EPA surface water standard for PCP is 13 to 20 ug/I depending upon pH and health affect. Previous sampling detected 122.8 mg/kg PCP in soils from the wetlands. Under the new MCP, the reportable concentrations for PCP is 1.0 ug/I for GW1 sites, 80 ug/I for GW2 sites, 5.0 mg/kg for S1 sites and 10 mg/kg for S2 sites. 4. Penney Engineering and Hatheway have reported numerous environmental problems that resulted from the August 24, 1993 auction conducted by the court - appointed auctioneer. The problems include: • The STM has been rendered inoperable; • Large amounts of debris have become contaminated by being mixed with wood -preserving residuals; • Hydraulic oil has been drained into a hazardous waste containment pit; • CCA solution has been drained across the parking lot; • Treatment Building #3 has been damaged and now cannot be secured; • The rainwater transfer pump for the drip pads has been illegally removed; • A 400 amp electrical panel has been left exposed; • The fire alarm system has been cut; • Drums of hazardous waste have been abandoned in the building without access for their removal; and • The heating system for the entire facility has been removed. Penney Engineering had reported our concerns regarding the auction to Mr. Marcel Boelitz from your section and Mr. Thomas Cushing from the Department's RCRA section on September 10, 1993 at the request of Hatheway. We had assumed that the EPA or the Department would inform the bankruptcy court of the environmental issues associated with the auction. PENNEY ENGINEERING, INC Mr. Mark J. Begley October 18, 1993 Page 3 5. The drip pads are currently covered with tarpaulins to prevent contact with rainwater runoff but they need to be maintained; and 6. The large work tanks in Treatment Building #3 contain approximately 60,000 gallons of CCA solution which will freeze and burst during this year's winter period if not drained and properly disposed of. I have worked to assess and remediate the severe contamination problems at the Hatheway and Patterson property for almost two years. In my professional opinion as a registered professional engineer and recently approved licensed site professional, the uncontrolled oil, PCP and CCA contamination at the Hatheway site poses a significant risk of harm to health, safety, public welfare and the environment and therefore presents an "imminent hazard" as defined in MGL c. 21 E and the Massachusetts Contingency Plan. The abandoned wood -preserving facility also needs to be closed to prevent releases of extremely toxic wood -preserving materials. Clearly the Department shared this opinion by requiring Hatheway to expend in excess of $300,000.00 to install and operate the STM along the Rumford River and by requiring a second STM as recently as January 6, 1993 as a result of floating oil being identified in the wetlands. After Hatheway was reportedly forced by the Bank of Boston to file for bankruptcy protection on or about February 4, 1993, we have not received any written guidance from the Department pertaining to the STM. Conversely, Hatheway has continued to attempt to meet their environmental obligations by rehiring Penney Engineering to operate the STM and monitor the site. Mr. William Haynes, the president of Hatheway & Patterson, has even agreed to set monies aside to pay for the cleanup of the site if permitted by the court. In order for the court to make such an award, the Department needs to submit and support a monetary claim for the environmental issues. If the Department fails to support its claim previously submitted through the EPA, no monies will be awarded for a cleanup. The site will become a burden to the Town of Mansfield and a health threat to the surrounding residents until it is ultimately cleaned up by the Department or the EPA at the expense of taxpayers. Currently, the last minute claim by the EPA is being contested by the Bank of Boston. An October 4, 1993 motion filed by the Bank of Boston contends that the EPA's claim should be defined as "unsecured" because they have not shown an "imminent danger" to be present. If a response or request for continuance is not filed before the October 22, 1993 deadline, the court may award all the Hatheway & Patterson assets to the Bank of Boston leaving no funds to remediate the serious contamination at the site. PENNEY ENGINEERING, INC Mr. Mark J. Begley October 18, 1993 Page 4 As I have offered throughout the past six months, I am available to speak with the EPA or the Department concerning any and all issues pertaining to the MCP related issues at the Hatheway & Patterson site.. I have also offered to provide access to the site. Please call me if I can assist the Department in any way. Yours truly, PENNEY ENGINENG, IUC OW -1W 01*[/4 Ralph P. Penney, PE, LSP President cc: Hatheway & Patterson Co., Inc Thomas Miller, Esquire Mansfield Board of Health Mansfield Conservation Commission Attorney Margaret R. Stolfa PENNEY ENGINEERING, INC