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
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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