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50 FORT AVENUE-SESD NOTICE OF AUL >I NIONS Epnaw+mdt:.::n.:x SIMMONS ]ENVIRONMENTAL SERVICES, INC. 213 ]ELM STREET SALISBURY, AAA 01952 May 22, 2023 Ref.#190702 Mayor's Office Salem City Hall 93 Washington Street Salem, MA 01970 RE: Notice of Activity and Use Limitation South Essex Sewerage District Sodium Hypochlorite Release Release Tracking Number(RTN)#3-35700 Dear Mayor: Simmons Environmental Services,Inc. (Simmons)has recently recorded a Notice of Activity and Use Limitation(AUL)on behalf of the South Essex Sewerage District treatment plant property at 50 Fort Avenue in Salem,Massachusetts regarding a release of sodium hypochlorite from a broken underground chemical distribution pipeline at that location. The South Essex Sewerage District operates a regional sewerage treatment plant at 50 Fort Avenue that uses sodium hypochlorite for odor control and disinfection of wastewater. The District stores the sodium hypochlorite in several storage tanks in the Chemical Storage Building and Odor Control Buildings A and B and prior to June 2019 distributed the sodium hypochlorite through underground, double wall, chemical containment pipe to several locations on site. On average the district uses approximately 1700 gallons per day of 12% sodium hypochlorite solution. In June 2019,a sudden and accidental release of sodium hypochlorite was discovered and reported to MassDEP and was assigned Release Tracking Number (RTN) 43-35700. After further investigation, the release was estimated to have occurred between June 16 and 27t', 2019 with a total volume of approximately 5,400 gallons of 12% sodium hypochlorite solution (NAOCI) (5,400 pounds of sodium hypochlorite). Over the course of weeks and months following the release, the sodium hypochlorite remaining in groundwater degraded primarily into chlorate and chloroform. Response actions since 2019 have included groundwater extraction near the source area for mass removal of chlorate and chloroform, soil vapor extraction beneath Odor Control Building B for mass removal of chloroform, and monitoring of chlorate concentrations at a groundwater discharge into surface water in the Cat Cove.Following the release,the underground, double walled,chemical piping system was decommissioned and is no longer in use. 1IPage 978-463-6669-Fax:978-463-6679 LSPES 1 .WASIMMONSLAW.COM KRSDAMONS@SMMONS21 E.COM IMMONI S EPrtIppY[OgiS�:re.4w $IMMONS FNVIRONMFNTAI,$ERVICIES, INC. 215 ELM STREET SAI,ISBURY, 1ViA 01952 Residual chloroform concentrations in groundwater and soil gas pose No Significant Risk to current commercial/industrial worker receptors within Odor Control Building B at the Site but could pose a Significant Risk in the future if that building's floor slab were modified to disrupt its vapor tightness or if the use of Odor Control Building B were to be changed to residential. Accordingly,a Notice of ALL restricting future uses and activities has been recorded at the Essex South District Registry of Deeds. That Notice of ALL prohibits future residential use and requires that Odor Control Building B's floor slab be maintained in good repair. With those restrictions on future use, a condition of No Significant Risk to human health has been achieved. A copy of the recorded Notice of ALL is attached to this letter. Please contact me at the letterhead addresses or by email at]spesgl@wasimmonslaw.com if you have any questions regarding its contents. Respectfully, Licensed Site Professional Cc: with Enclosure: David Greenbaum, RS, Health Agent 98 Washington Street, 3rd Floor Salem,MA 01970 Thomas J. St.Pierre,Building Commissioner,Zoning Officer, Director Inspectional Services, City of Salem Inspectional Services 98 Washington Street, 2nd Floor Salem, MA 01970 David Knowlton,P.E., City Engineer/Director of Public Services 98 Washington St., 2nd Floor Salem, MA 01970 Cc: w/o Enclosure: David Michelsen,PE, Executive Director South Essex Sewerage District 50 Fort Ave. Salem, MA 01970 2 1 P a g e 978-463-6669-Fax:978-463-6679 LSPESOI WASIMMONSLAW.COM KRSIMMONS @SDAA40NS21 E.COM Form 1075: continued Ilillllilllilllli�lllil�illlilllllillliillllll S4,ESSEX #1721k:41563 Pg:147 05/1512023 11:52 NOTC AUL PS 1/26 f Form_1075 J Note: Pursuant to 310 CMR 40.1074(5),upon transfer of any interest in or a right to use the property or a portion thereof that is subject to this Notice of Activity and Use Limitation,the Notice of Activity and Use Limitation shall be incorporated either in full or by reference into all future deeds,easements, mortgages, leases, licenses, occupancy agreements or any other instrument of transfer.Within 30 days of so incorporating the Notice of Activity and Use Limitation in a deed that is recorded or registered, a copy of such deed shall be submitted to the Department of Environmental Protection. NOTICE OF ACTIVITY AND USE LI 41 TATION M.G.L. c.21E, § 6 and 310 CMR 40.0000 Disposal Site Name: South Essex Sewerage District DEP Release Tracking No.(s): #3-35700. '�AA,, This Notice of Activity and Use Limitation ("Notice") is made as of this /y day of V"!� , 2023, by South Essex Sewerage District, a public sewerage district established by and operating pursuant to Chapter 339 of the Massachusetts Acts of 1925 and acts in amendment thereof and supplemental thereto, with administrative offices located at 50 Fort Avenue, Salem, Essex County, Massachusetts 01970,together with their successors and assigns (collectively"Owner"). WITNESSETH: WHEREAS, The South Essex Sewerage District is the owner in fee simple of that certain parcel of land located in Salem,Essex County,Massachusetts with the buildings and improvements thereon,pursuant to a Taking recorded with the Southern Essex District Registry of Deeds in Book 3729,Page 35; WHEREAS, said parcel of land located at 50 Fort Avenue, Salem,MA,which is more particularly bounded and described in Exhibit A, attached hereto and made a part hereof ("Property") is subject to this Notice of Activity and Use Limitation. The Property is shown on a plan recorded in the Southern Essex District Registry of Deeds in Plan Book 79,Plan 33; WHEREAS, a portion of the Property ("Portion of the Property") is subject to this Notice of Activity and Use Limitation. The Portion of the Property is more particularly bounded and described in Exhibit A-1, attached hereto and made a part hereof. The Portion of the Property is shown on a plan recorded with the Southern Essex District Registry of Deeds in Plan Book 41535 Plan 480 and shown in Exhibit A-2, and on a sketch plan attached hereto as Exhibit B and recorded herewith; WHEREAS, the Portion of the Property comprises part of a disposal site as the result of a release of oil and/or hazardous material. Exhibit B is a sketch plan showing the relationship of the Portion of the Property subject to this Notice of Activity and Use Limitation to the boundaries of said disposal site existing within the limits of the Property and to the extent such boundaries have been established. Exhibit B is attached hereto and made a part hereof; and Form 1075: continued WHEREAS, one or more response actions have been selected for the Portion of the Disposal Site in accordance with M.G.L. c. 21E ("Chapter 21E") and the Massachusetts Contingency Plan, 310 CMR 40.0000 ("MCP"). Said response actions are based upon (a) the restriction of human access to and contact with hazardous material in soil gas and(b)the restriction of certain activities occurring in, on,through,over or under the Portion of the Property. A description of the basis for such restrictions, and the oil and/or hazardous material release event(s) or site history that resulted in the contaminated media subject to the Notice of Activity and Use Limitation is attached hereto as Exhibit C and made a part hereof; NOW, THEREFORE, notice is hereby given that the activity and use limitations set forth in this Notice of Activity and Use Limitation are as follows: 1. Activities and. Uses Consistent with Maintaininu, No Si_rn i cant Risk Conditions: The following Activities and Uses are consistent with maintaining a Permanent Solution and a condition of No Significant Risk and, as such, may occur.on the Portion of the Property pursuant to 310 CMR 40.0000: (i) Any activities that are consistent with use of the Property for non-school, non-daycare, municipal,commercial or industrial use; (ii) Emergency utility repair work or other emergency repair work necessary in response to a fire or flood; (iii) Interior construction or demolition within Odor Control Building B, where such activities do not involve alteration or penetration through the floor slab. (iv) Interior construction or demolition within Odor Control Building B,provided that the work is consistent with the AUL Opinion and carried out in accordance with the Obligations and Conditions set forth in Paragraph 3; (v) Such other activities or uses which, in the Opinion of a Licensed Site Professional, shall present no greater risk of harm to health, safety, public welfare or the environment than the activities and uses set forth in this Paragraph; and (vi) Such other activities and uses not identified in Paragraph 2 as being Activities and Uses Inconsistent with maintaining No Significant Risk Conditions. 2. Activities and Uses Inconsistent with Ma ntainin t o Si n;i:fLant Risk Conditions. The following Activities and Uses are inconsistent with maintaining a Permanent Solution and a condition of No Significant Risk pursuant to 310 CMR 40.0000,and, as such,may not occur on the Portion of the Property: (i) Use of the Property in the AUL Area for residential, school,or daycare use. (ii) Interior construction or demolition within Odor Control Building B that will penetrate through the floor slab, other than in accordance with the Obligations and Conditions set forth in Form 1075: continued Paragraph 3; 3. Obligations and Conditions. The following obligations and/or conditions are necessary and shall be undertaken and/or maintained at the Portion of the Property to maintain a Permanent Solution and a condition of No Significant Risk: (i) The concrete floor slab in Odor Control Building B must be periodically inspected visually and be maintained in good repair to mitigate vapor intrusion from sub-slab soil gas. If floor cracks larger than 1/8" in width are observed, cracks should be promptly filled with elastomeric sealant, expanding foam, or non-shrinking or expanding cement material in accordance with the manufacturer's instructions; (ii) A written Health and Safety Plan ("HASP") must be prepared by a Certified Industrial hygienist or other qualified individual appropriately trained in worker health and safety procedure and requirements prior to commencement of planned (non-emergency) intrusive construction/demolition activity in Odor Control Building B that will penetrate through the floor slab, and such activity must be conducted in compliance with the HASP. The HASP must include, at a minimum,the following elements: identification of the type and location of oil and hazardous materials in the soil and/or groundwater, personnel training requirements, personal protection equipment to be used, monitoring devices and procedures, site control measures, decontamination plan, and an emergency contingency plan. The HASP shall be available at the Site throughout the course of construction/renovation activities; and (iii) Following emergency repair work or planned (non-emergency) construction/demolition where the floor slab is penetrated in Odor Control Building B, the floor slab must be visually inspected to confinm the absence of cracks and open penetrations. After work has concluded, sub-slab soil gas and indoor air shall be sampled under LSP oversight to confirm that a sufficient vapor intrusion attenuation factor has been achieved to maintain a condition of No Significant Risk to current commercial/industrial occupants. 4. Prop sed Changes in Activities and Uses. Any proposed changes in activities and uses at the Portion of the Property which may result in higher levels of exposure to oil and/or hazardous material than currently exist shall be evaluated by a Licensed Site Professional who shall render an Opinion, in accordance with 310 CMR 40.1080, as to whether the proposed changes are inconsistent with maintaining a Permanent Solution and a condition of No Significant Risk. Any and all requirements set forth in the Opinion to meet the objective of this Notice shall be satisfied before any such activity or use is commenced. 5. Violation df a Permanent or Te poraLy Solution. The activities, uses and/or exposures upon which this Notice is based shall not change at any time to cause a significant risk of harm to health, safety, public welfare, or the environment or to create substantial hazards due to exposure to oil and/or hazardous material without the prior evaluation by a Licensed Site Professional in accordance with 310 CMR 40.1080, and without additional response actions, if necessary, to maintain a condition of No Significant Risk. Form 1075: continued If the activities, uses, and/or exposures upon which this Notice is based change without the prior evaluation and additional response actions determined to be necessary by a Licensed Site Professional in accordance with 310 CMR 40.1080, the owner or operator of the Portion of the Property subject to this Notice at the time that the activities, uses and/or exposures change, shall comply with the requirements set forth in 310 CMR 40.0020. 6. Incorporation Into Deeds,Mortggges. Leases, and Instruments of Transfer. This Notice shall be incorporated either in full or by reference into all future deeds, easements, mortgages, leases, licenses, occupancy agreements or any other instrument of transfer, whereby an interest in and/or a right to use the Property or a portion thereof is conveyed in accordance with 310 CMR 40.1074(5). Owner hereby authorizes and consents to the filing and recordation and/or registration of this Notice, said Notice to become effective when executed under seal by the undersigned Licensed Site Professional, and recorded and/or registered with the appropriate Registry(ies) of Deeds and/or Land Registration Office(s). Form 1075: continued iN WITNESS WHEREOF the undersigned members of the South Essex Sewerage Board hereunto set their hands and caused the seal of the South Essex Sewerage District to be hereto affixed this 10 h day of May, 2023. SOUTH ESSEX SEWERAGE BOARD By' Michael R. Aarsons, Chairman Amy S. Mellugh Ste lien M. King,Jr. David I .Kno ton Robert YL,ngley The above member being a majority of the Board. w 11E Form 1075: continued COMMONWEALTH OF MASSACHUSETTS Essex, ss May 10,2023 On this 101 day of May, 2023, before me, the undersigned notary public, personally appeared Michael R. Parsons, Amy S. McHugh, Stephen M. King, Jr., David H. Knowlton, and Robert J. Langley, proved to me through satisfactory evidence of identification, which was personal knowledge, to be the persons whose names are signed on the preceding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose as Members of the South Essex Sewerage Board. tidal signature and seal of notary) -A y�� Trayn r, Notary ,Public My Commission Expires : 3/21/2025 Documentation of signatory authority is attached hereto in Exhibit D and made a part hereof. Form 1075: continued The undersigned Licensed Site Professional hereby certifies that in his Opinion this Notice of Activity and Use Limitation is consistent with a Permanent Solution and maintaining a condition of No Significant Risk. Date:May O, 2023 d William A. Sil 1: I.S1' iMLL1A M COMMONWEALTH OF MASSACHUSETTS SIMMONS NQ 18+47 Essex, ss May ,2023 smE i On this \4 day of May 2023, before me, the undersigned notary public, personally appeared William A. Simmons,LSP,proved to me through satisfactory evidence of identification, which was his Massachusetts Driver's license, to be the person whose name is signed on the preceding or attached document,and acknowledged.to me that he signed it voluntarily for its stated purpose. \ . , (official signature and seal of notary} Amy`'- . Traynor, Notary Public My Commission Expires : 3/21/2025 Upon recording,return to: South Essex Sewerage District 50 Fort Avenue Salem,MA 01970 EXHIBIT A 3 5 KNOB ALL MEN BY:THESE PRF.SEIMS that the South Essex Sewerage Board, by t38 � its members duly constituted, appointed and acting under the provisions of Chapter 339 of the Acts of 1925, and amendments thereto, and in pursuance of the requirements and in exercise of the authority of said act and further In pursuance of the requirements and in exercise of the authority of Chapter 431 of the Ants of 1945, and of every other power and authority hereto enabling, and with the advice and approval of,the State Department of Public Health, hereby takes for and in behalf of the South Essex Sewerage District for the purpose of constructing a new sewage pumping station as authorized by said Chapter 431, the following described parcel of land in fee, the same being in the opinion of the Board necessary for said purposes, to wit: A certain parcel of land in the City of Salem, in the County of Essex, and the Cc=ow"alth of Massachusetts, lying on the southerly side of Fort Avenue of the said City of Salem, and shown on plan entitled "Commonwealth of Massachusetts. South Essex Sewerage District, Real Estate, General Taking P1'an including Pumping Station Site at Salem fUllows, Use.", and numbered 0-257, to be recorded herewith, -and bounded and described as follower Beginning at a bound in the southerly boundary of Fort Avenue in the k City of Salem located at the intersection of said southerly'boundary of Fort }- Avenue said the boundary of the property of the Now England Power Company, and thence running northeasterly along said southerly boundary of Fort Avenue i easterly by tangent and are a distance of eleven hundred and thirty-nine and sdventy-one one-hundredths (1139.71) feet to a bound, thence running south- easterly a distance of four hundred and thirty-six and thirty-seven one- 1 hundredths (436.37) feet along the boundary of the City of Wom Park Depart- ment through a drill hole in a ledge to a point near the shore of Cat Cove, E thence running southwesterly four hundred and twenty-two and sixty-nine one- hundredths (422.69) feet to a point on the easterly boundary of the New + ftgland Power Company. thence running northwesterly along said'boundary of the New England Power CompazW a distance of ninety and twenty one-hundredths (90.20) feet to a land court bound, and thence running southwesterly a distance ti of two hundred and twenty-one (221.0) feet to a.land court bound, and further 36 EXHIBIT A southwesterly a distance of sixty-six (66.0) feet to a land court bound, and further southwesterly a d'istsnae of four hundred and sixty-seven and sixty-two one-hundredthe (467.62) feet to a bound, all along said boundary of the New England Power Company, and thenos running northwesterly a distance of three hundred and sixty-eight and twenty-six one-hundredthe (368.26) feet to the point of beginning, and comprising an area of about eleven and twenty-seven one-hundredths (11.27) acres, exclusive of three (3) parcels of land now owned by the South Essex Sewerage District, all of which lie completely within the boundaries of this taking. The South Essex Sewerage Board Is is agreement with the City of Salem, IRaesachueetts, to the two f011ouing.speoifio conditions, which are hereby roads a part of this taking, to wit: 1. Tbbt the South Essex Sewerage District shall not ereot any sewerage works, or structures, or building; of a utility nature, within 50 Peet of the southerly boundary of Fort Avenua= and 2. That should the land hereby taken, or any part thereof, be disposed of by the South Essex Sewerage District, the ownership of siid land, or part thereof, so disposed of, shall revert to the City of Salem, Massachusetts. The parcel of land hereby takea is supposed to be the property of the City of Salem. Massachaeette, but said land is,taken whether the ownership, measurements and areas herein given are stated correctly or not. Damages eustainad by the Oity of Salem. Massachusetts, by reason of such taking are hereby awarded as follows: To City of Sales, Maseachusette, Nothing. IN WITNESS VOEREOF, the members of the South Esser Sewerage Board, Set their hands this day of 1950. ` ~ . Z ri 889e2 as. Received Mar. 31, 1950. 32 m. past 11 A.M.Reaorded Examined. EXHIBIT A-1 AUL AREA ODOR CONTROL BUILDING B LEGAL DESCRIPTION: A certain area of use limitation associated with RTN3-35700 located on recorded land situated on the southeasterly side of Fort Avenue in the City of Salem,County of Essex,Commonwealth of Massachusetts, bounded and described as follows: Commencing at a stone bound with South Essex Sewerage District disk on the sideline of Fort Avenue at land now or formerly Salem Wind Terminal,LLC;thence, By land of said Salem Wind Terminal, LLC S 45°42'40" E a distance of three hundred sixty-eight and twenty-six hundredths(368.26')feet to a point,thence N 60°06'40"E a distance of four hundred sixty-seven and sixty-two hundredths (467.62D feet to a 6"x6" stone bound with a disk, thence N 30032'46" with a distance of fifty and ninety-six hundredths(50.96')feet to the true point of beginning;thence, N 45°43'20"W a distance of thirty-four and no hundredths(34.00D feet along the face of building to a point;thence, N 449616"E a distance of fifty-eight and two hundredths (58.02') feet along the face of building to a point;thence, S 45°43'20"E a distance of thirty-four and no hundredths(34.00')feet along the face of building to a point;thence, S 4496 16"W a distance of fifty-eight and two hundredths(58.02')feet along the face of building to true point of beginning. Said AUL contains 1,973 more or less square feet as depicted on a plan entitled "50 FORT AVENUE, ACTIVITY AND USE LIMITATION AREA (AUL) FOR RTN 3-35700 LOCATED IN SALEM, MASSACHUSETTS ESSEX COUNTY PREPARED FOR SOUTH ESSEX SEWERAGE DISTRICT" prepared by Meridian Associates, Inc. dated March 6, 2023, recorded with the South Essex Registry of Deeds in Plan Book 41535,Page 480. } r _{{ r'S1. j^F' i) yyg 3'JNd'IFS S ' } . 6Z W V4 � qo � q ox Ni Jill Ida Ud, .` 3 pq pq � 4 yyWW _ 6P 3auvsrs m w h Ell 50 411 1 II cs � rkewa m � w tror7xeri AarrMaa $ Qp fell h c g Pj HIS td � e A7AGR%.N b17 MON N `s If W � >y�4 1 t 00 r Q sq ffZW� l laW io fig, Fjd' of P: U ly 6 4 l I I � I <C 3 s o � I` ¢ m O O O 1 m 0 z w rn o z l ao C!.! F k 04 O A a E oo tn CA d M a m i W xrn•imnm.n;.iirrricr.1. Page 1. of 12 EXHIBIT C- LSP Opinion 50 Fort Avenue, Salem,MA 01970 Release Tracking Number(R.TN)#3-35700 To Whom It May Concern: We have prepared this LSP Opinion for the property located at 50 Fort Avenue in Salem, MA 01970(the Site), currently owned and operated by South Essex Sewerage District(SESD).This LSP Opinion is to describe the basis for the placement of an Activity and Use Limitation(AUL) on a portion of the property which is to maintain a condition of No Significant Risk to human health from long term exposures to vapor intrusion of chloroform from sub-slab soil gas into an industrial building identified as"Odor Control Building B".In some historical plans and reports, the building had previously been identified as`Building 3C"or"Odor B". I. INTRODUCTION On June 29, 2019, a sudden and accidental release of sodium hypochlorite from an underground pipe was detected near Odor Control Building B at the South Essex Sewerage District at 50 Fort Avenue.After further investigation the release was estimated to occur between June 16 to 27 2019,with a total mass of approximately 5,400 pounds of sodium hypochlorite released. Sodium hypochlorite is used at SESD for disinfection and to control odors from treatment of sanitary sewerage. After being released into the ground,the sodium hypochlorite interacted with the soil to degrade over the course of several months into chloride and chlorate salts and several volatile chloromethane compounds including chloroform. Chloroform in the release area remains present in groundwater at levels near the GW-2 groundwater standard,which is intended to be protective for vapor intrusion. Chloroform also remains present in soil gas beneath the building on the Site, identified as"Odor Control Building B". Chloroform concentrations beneath Odor Control Building B do not pose a significant risk to current commercial/industrial occupants,but could pose a Significant Risk to future occupants if the vapor integrity of the building floor slab was compromised or if the building use was changed to residential occupancy. II. CATEGORICAL REQUIREMENT FOR FILING AN AUL FOR VAPOR INTRUSION CONDITION In the Vapor Intrusion Guidance(Policy#WSC-16-43 5),MassDEP identifies a default assumed vapor intrusion attenuation factor of 70:1. That is,for a measured concentration of a particular contaminant 70 µg/m3 in sub-slab soil gas,the calculated indoor concentration would be 1 µg/m3. 213 Elm Street Salisbury, MA 01952 978-463-6669 info®simmons2le.com Exhibit CLSP Opinion Notice ofAUL _ Exhibit C May 1,2023 Page 2 of 12 fin.ims�n*ncsi is n irx.li,. MassDEP policy establishes a requirement to implement an Activity and Use Limitation if a greater vapor intrusion attenuation factor was measured and was relied on to find a condition of No Significant Risk.As described below,the actual vapor intrusion attenuation factor for Odor Control Building B has been measured conservatively at 2,000:1; and, a human health Risk Assessment carried out with this attenuation factor results in a condition of No Significant Risk posed to current commercial/industrial occupants. This Activity and Use Limitation is established to maintain current industrial commercial occupancy while 1)prohibiting residential/school/daycare use,and 2)requiring maintenance of the vapor integrity of the concrete floor slab in the building identified as Odor Control Building B in order to preserve a condition of No Significant Risk to human health. ILL. HUMAN HEALTH A. Receptors and Exposure Pathways Human health risk was considered with current exposure of industrial/commercial workers and utility/construction workers,and hypothetical future exposure of residents. Exposure pathways include vapor intrusion into indoor air, direct contact with contaminated soil, and vapor intrusion within a trench.excavation(construction/utility worker exposure). B. Contaminants of Concern The primary contaminant of concern is a product of sodium hypochlorite degradation, chloroform(CC13). Several other volatile organic compounds were detected at trace levels,some of which are other products of sodium hypochlorite degradation, and some of which are believed to be associated with background at the Site. Those contaminants of concern which were detected at trace levels are 1,1-dichloroethane, 1,1-dichloroethylene, 1,3-dichlorobenzene,methyl isobutyl ketone, acetone,benzene, bromodichloromethane, carbon tetrachloride, dibromochloromethane, ethylbenzene,methyl ethyl ketone,methyl t-butyl ether,xylenes, styrene,tetrachloroethylene, toluene, and trichloroethylene.No detected compounds were eliminated as contaminants of concern. C. Evaluation of Soil Exposure Soil samples were collected within the sodium hypochlorite release area outside Odor Control Building B and submitted for laboratory analysis of VOCs.No soil samples were collected beneath Odor Control Building because of the concern for disruption to the vapor integrity of the floor slab, and because there are electrical conduits embedded at many locations within the slab that could be destroyed with a large slab penetration. No VOCs except chloroform were detected in shallow soil,with the detection at 4.2 µg/kg, approximately 50 times below the Method 1 S-1/GW-2 standard,which is intended to be 213 Elm Street Salisbury, MA 01952 978-463-6669 lnfo®simmons2le.com Exhibit C LSP Opinion Notice of.4UL _ Exhibit C May 1, 2023 Page 3 of 12 Encircatuncm;i tisnicc•Inc protective for direct contact and vapor intrusion exposure. That soil detection was used as the exposure point concentration in soil.We note that chloroform can occur naturally in the environment from decomposition of plant matter, although MassDEP has not published a natural background level. D. Evaluation of Vapor Intrusion Attenuation Factor Because sodium hypochlorite is stored in Odor Control Building B, degradation products including chloroform are expected to be present in indoor air at concentrations far below applicable OSHA Permissible Exposure Limits,but potentially confounding for attribution to vapor intrusion at the Disposal Site. Chloroform concentrations were measured directly in soil gas,but indoor air concentrations could not be measured directly without introducing a positive bias from indoor air activities. The vapor intrusion attenuation factor in Odor Control Building B was calculated empirically by measuring natural radon concentrations in soil gas and indoor air.Radon is an attractive tracer compound for vapor intrusion assessment because it is naturally occurring in most geological areas and has almost no industrial uses, so any detection in indoor air can be assumed to be attributable to vapor intrusion. Two rounds of radon measurements in soil gas and indoor air were conducted in February and March 2021,which is during the heating season and when vapor intrusion is likely to be greater. Based upon the sampling,the vapor intrusion attenuation factor between soil gas and indoor air in Odor Control Building B was calculated to be on the order of 2,000:1.It is reasonable to arrive at an empirical attenuation factor much greater than the default assumed factor,because the concrete floor slab in Odor Control Building B was engineered to be liquid tight in order to contain chemicals handled inside the building,and the default factor is conservatively protective. The same slab tightness that would contain a liquid spill inside the building can be expected to limit vapor intrusion from sub-slab soil gas inside the building. Based upon measured sub-slab soil gas chloroform concentrations,and an empirical attenuation factor of 2,000:1, expected indoor air chloroform concentrations from vapor intrusion would not pose a Significant Risk to current commercial/industrial occupants,who are presumed to be present for 40 hours per week, for 7-27 years. The same concentrations could pose a Significant Risk to future residential occupants,who would be assumed to be present for 24 hours per day for up to 30 years. 213 Elm Street Salisbury, ]VIA 01952 978-463-6669 info@simmous2le.com Exhibit C LSP Opinion Notice of AUL Exhibit C May 1, 2023 Page 4 of 12 F.m•irtKicnU�Fen irc+.;ni Risk Calculation Table: Based Upon Default 70:1 Vapor Intrusion Attenuation Factor Receptor Exposure Pathway Excess Lifetime Cancer Result Hazard Index Result Risk(ELCR) Standard: (HI) Standard: ELCR 5 1x10-5 HI 5 1 Residential Soil _ N/A _ 0.000003 Air(Default 70:1) 80xl F 0.2 Total 80x10-5 Fail 0.2 Pass Commercial/ Soil N/A _ 0.000003 Industrial Air(Default 70:1) 20xl0-5 0.04 Total 20x10-S Fail 10.04 Pass Risk Calculation Table: Based Upon Empirical 2,000:1 Vapor Intrusion Attenuation Factor Receptor Exposure Excess Lifetime Cancer Result Hazard Index Result Pathway Risk(ELCR) Standard: (HI)Standard: ELCR 5 l x 10-5 H15 l Residential Soil N/A 0 000003 Air(2,000:1) 3x10-5 _ 0.06 Total 3x10�s Fail 0.06 Pass Commercial/ Soil N/A— 0.000003 1 Industrial Air(2,000:1) 0.6x10"5 0.001 Total 0.6x10-5 _ Pass 0.001 Pass E. Evaluation of Utility Worker Exposure Our risk characterization assessment considered exposure for utility workers working on emergency repairs of existing utilities underneath the building as a current active pathway. The exposure routes in this scenario include direct contact and incidental ingestion of contaminated soil, inhalation of particulates,and inhalation of vapors associated with either contaminated soil or groundwater.Direct contact to groundwater is not expected for emergency utility repairs because the current utilities at the Site, as shown on the Sketch Plan on Exhibit B,are above the groundwater table within the area of contamination. The table below compares the exposure scenario of emergency utility repair to the MassDEP risk standard. 213 Elm Street Salisbury, MA 01952 978-463-6669 info@simmons2le.com Exhibit C LSP Opinion Notice of A[IL Exhibit C May 1, 2023 Page 5 of 12 ?'vnirca,mrnui�zrrirc.tnt Risk Calculation Table: Utility Worker Exposure Receptor Exposure Excess Lifetime Cancer Result Hazard Index Result Pathway Risk(ELCR) Standard: (HI) Standard: ELCR<_ 1xl0-5 HI<_ 1 Utility Soil _ 0.000003x10-5 0.0007 Worker -Air 0.2x10'5 0.001 Total 0.2x10 5 Pass 0.001 Pass No Significant Risk is posed with commercial use occupancy as described with allowed uses of the ALL Area, including emergency utility work. No Significant Risk is achieved through restriction of Site use with the AUL to exclude residential, grade school or daycare use and protect Human Health. F. AUL Restrictions for Human Health Protection Restriction of Site use with the AUL is based upon concern for human health risk. The AUL allows current industrial/commercial activities in Odor Control Building B to continue without restriction. Landscaping and maintenance activities outside the building footprint are not restricted. The AUL prohibits reconfiguration of Odor Control Building B to residential, school, or daycare use. Because the condition of No Significant Risk relies on an empirical vapor intrusion attenuation factor greater than the assumed default factor,the AUL requires that the building floor slab be protected to maintain that integrity.The slab must be periodically visually inspected for the presence of cracks, and larger(0.125 inch) cracks must be sealed with materials intended for that purpose(foam, caulk,hydraulic cement, etc.) according the manufacturer's directions. In the event the slab is fully penetrated during an emergency or nonemergency construction/repair activity, an LSP must oversee air sampling afterwards to confirm that a sufficient vapor intrusion attenuation factor is maintained to preserve a condition of No Significant Risk. 1V. THE ENVIRONMENT Restriction of Site use within the AUL area is not based upon concern for risk to the environment. V. PUBLIC SAFETY The sodium hypochlorite that was released was not a flammable product and presented no danger of explosion or other harmful reaction; and,nor are the daughter products resulting from 213 Elm Street Salisbury, MA 01952 978-463-6669 lnfo@simmons2le.com Exhibit C LSP Opinion Notice of al UL Exhibit C May 1, 2023 t Page 6 of 12 F.mircnmcnul Stn'!rrn i;n hypochlorite degradation in the environment. In our opinion,based upon the material characteristics,the residual material that remains in the ground does not currently,and will not in the foreseeable future,pose a threat of physical harm or bodily injury to people. Restriction of Site use within the AUL area is not based upon concern for risk to public safety. Vl. PUBLIC WELFARE Concentrations of sodium hypochlorite or daughter products at the Site in either soil or ground water do not approach or exceed Upper Concentration Limits that would be considered to pose a risk to public welfare.No nuisance odors currently exist in ambient air at the Site related to Site contaminants of concern. Restriction of Site use within the AUL area is not based upon concern for risk to public welfare. VII. AUL AREA REQUIREMENTS AUL area restrictions are based upon maintaining current building use as commercial/industrial, and maintaining the integrity of the building floor slab to preserve a sufficient vapor intrusion attenuation factor for a condition of No Significant Risk. Uses consistent with AUL (i)Any activities that are consistent with use of the Property for non-school, non-daycare,municipal, commercial, or industrial use; (ii) Emergency utility repair work or other emergency repair work necessary in response to a fire or flood; (iii)Interior construction or demolition within Odor Control Building B,where such activities do not involve penetration through the floor slab. (iv) Interior construction or demolition within Odor Control Building B, provided that the work is consistent with the AUL Opinion and carried out in accordance with the Obligations and Conditions set forth below; (v) Such other activities or uses which,in the Opinion of a Licensed Site Professional, shall present no greater risk of harm to health, safety,public welfare or the environment than the activities and uses set forth in this Paragraph; and (vi) Such other activities and uses not identified below as being Activities and Uses Inconsistent with maintaining No Significant Risk Conditions. 213 Elm Street Salisbury, MA 01952 978-463-6669 info@slmmons2le.com Exhibit C LSP Opinivre Notice of AUL Exhibit C May 1, 2023 Page 7 of 12 F>tvizmirricrr�l5rrsrcr.ern; Uses not consistent with AUL (i)Use of the Property in the AUL Area for residential,school, or daycare use. (ii) Interior construction or demolition within Odor Control Building B that will penetrate through the floor slab, other than in accordance with the Obligations and Conditions set forth below; Obligations and Conditions (i) The concrete floor slab in Odor Control Building B must be periodically inspected visually and be maintained in good repair to mitigate vapor intrusion from sub-slab soil gas. If floor cracks larger than 1/8"in width are observed, cracks should be promptly filled with elastomeric sealant, expanding foam,or non-shrinking or expanding cement material.in accordance with the manufacturer's instructions; (ii)A written Health and Safety Plan("HASP")must be prepared by a Certified Industrial hygienist or other qualified individual appropriately trained in worker health and safety procedures and requirements prior to commencement of planned(non-emergency) intrusive construction/demolition activity in Odor Control Building B that will penetrate through the floor slab, and such activity must be conducted in compliance with the HASP. The HASP must include,at a minimum, the following elements: identification of the type and location of oil and hazardous materials in the soil and/or groundwater,personnel training requirements,personal protection equipment to be used,monitoring devices and procedures, site control measures,decontamination plan, and an emergency contingency plan.The HASP shall be available at the Site throughout the course of construction/renovation activities; and 213 Elm Street Salisbury, MA 01952 978-463-6669 info@slmmons2le.com Exhibit C LSP Opinion Notice of AUL — Exhibit C - _ May 1, 2023 Page 8 of 12 Cni;vnmrnaEtinz n:n 1, (iii) Following emergency repair work or planned(non-emergency) construction/demolition where the floor slab in Odor Control Building B is penetrated,the floor slab must be visually inspected after restoration to confirm the absence of cracks and open penetrations. After work has concluded, sub-slab soil gas and indoor air shall be sampled under LSP oversight to confirm that a sufficient vapor intrusion attenuation factor has been achieved to maintain a condition of No Significant Risk to current commercial/industrial occupants. Respectfully, Sir>�ri�o nvirokt al Services,Inc. r f William A. Simmons,LSP 213 Elm Street Salisbury, MA 01952 978-463-6669 info®simmons2le.com Exhibit C LSP Opinion Notice of AUL _ Exhibit C - May 1, 2023 Page 9of12 En *t*vnitirn'hrr ir3 APPENDIX A Limitations STATEMENT OF LMTATIONS AND CONDITIONS Attachment to Opinion of Massachusetts Licensed Site Professional Simmons Environmental Services,Inc. Fedicensed Site Professional: William A.Simmons,LSP tration Number: I847 pinion: May 2023 hom Opinion was Rendered: South Essex Sewerage District greement between LSP and Client October 4,20i9 to which Opinion was Rendered:Tracking No./Site No.: RTN#3-35700 This Statement of Limitations and Conditions is an integral part of, and is incorporated by reference into,the Opinion of Massachusetts Licensed Site Professional referenced above. Limitations 1. Purpose of Opinion A. This Opinion is being provided in compliance with the requirements set forth in the Massachusetts Contingency Plan("MCP"),310 CMR 40.0000 et seq. Specifically,the LSP has prepared this Opinion at the request of the Client identified above as part of an MCP response action.This stated purpose has been a significant factor in determining the scope and level of services required to render this Opinion. B. Should the purpose for which this Opinion is to be used change,this Opinion shall no longer be valid. 213 Elm Street Salisbury, MA 01952 978-463-6669 info@simmons2le.com Exhibit G LSP Opinion Notice of AUL Exhibit C -- May 1, 2023 Page 10 of 1.2 2. General This Opinion was prepared for the sole and exclusive use of the Client,subject to the provisions of the MCP.Except for our Client,their attorneys,banker,or insurance carriers,no other party is entitled to rely in any way on the conclusions, observations, specifications, or data contained herein without the express written consent of Simmons Environmental Services, Inc. and the LSP who rendered this opinion. This Opinion was prepared pursuant to an Agreement between Simmons Environmental Services,Inc. and the Client referenced above which defines the scope of work. Any use of this Opinion by anyone other than Client, or any use of this Opinion by Client or others for any purpose other than the stated purpose set forth above,without the LSP's review and written authorization, shall be at the user's sole risk,and the LSP shall not have any liability or responsibility therefor. 3. Scope of Services The observations and conclusions described in this Opinion are based solely on the Services provided pursuant to the Agreement with the Client and any approved additional services authorized by Client. Without limitation of any other applicable limitations or conditions,the LSP shall not be liable for the existence of any condition,the discovery of which would have required the performance of services not authorized under the Agreement. To the best of the knowledge and belief of the LSP who signed this Opinion,no inquiry of an attorney-at-law having being made,no laws, regulations,orders,permits or approvals are applicable to the response actions to which this opinion relates except,if and to the extent applicable, M.G.L. c.21A, Sections 19-19J, 309 CMR,M.G.L. c.21 E and 310 CMR 40.0000.Accordingly,this opinion is not intended to and does not address compliance with any other laws, regulation,orders,permits or approvals. 4. Changed Circumstances The passage of time may result in changes in technology,economic conditions or regulatory standards,manifestations of latent conditions, or the occurrence of future events which would render this Opinion inaccurate or otherwise inapplicable. The LSP shall not be liable or responsible for the consequences of any such changed circumstances or conditions on the accuracy of this Opinion.In addition,under no circumstances shall the Client nor any other person or entity rely on the information or conclusions contained in this Opinion after six months from its date of submission without the express written consent of the LSP. Reliance on the Opinion after such period of time shall be at the user's sole risk. 213 Elm Street Salisbury, MA 01952 978-463-6669 inf0®slmmons2le.com Exhibit C LSP Opinion Notice of AUL Exhibit C May 1,2023 Page 11 of 12 P, , S. Nothing herein contained shall be deemed to require Simmons Environmental Services, Inc. or the LSP to undertake any such review or authorize others to use this Opinion. 6. The conclusions stated in this Opinion are based upon [check and initial appropriate boxes]: ® t`> Visual inspection of existing physical conditions; ® t Review and interpretation of Site history and Site usage information which was made available or obtained within the scope of work authorized by the Client; ® c , Information provided by the Client; Z Information and/or analyses for designated substances or parameters provided by an independent testing service or laboratory on a limited number of samples; A limited number of subsurface explorations made on dates indicated in documentation supporting this Opinion; © Other upon which the LSP has relied and presumed accurate,and upon which the LSP is entitled to reasonably rely.The LSP was not authorized and did not attempt to independently verify the accuracy or completeness of information or materials received from the Client and/or from laboratories and other third parties during the performance of its services.Neither S:immns Environmental Services, Inc. nor the ,LSP shall be liable for any condition,information, or conclusion, the discovery of which required information not available to the LSP or for independent investigation of information provided to the LSP by the Client and/or independent third parties. 7. This Opinion is rendered for the limited purpose stated above, and is not and should not be deemed to be an opinion concerning the compliance of any past or present owner or operator of the Site with any federal, state or local law or regulation. No warranty or guarantee,whether express or implied, is made by this opinion, and any implied warranties of merchantability or fitness for a particular purpose are expressly disclaimed_VAthout limiting the generality of the foregoing,no warranty or guarantee is made that all contamination at a Site or sources or contamination has been detected or identified,that any action 213 Elm Street Salisbury, MA 01952 978-463-6669 lnfo i@simmous21 e.com Exhibit C LSP Opinion Notice of AUL Exhibit C May 1, 2023 Page 12 of 12 fttYif0+1•TiR1tt1Yrt'IfC1 ail(" or recommended action will achieve all of its objectives,or that this Opinion or any action as to which this Opinion relates will be upheld by any audit conducted by the DEP or any other party. 213 Elm Street Salisbury, MA 01952 978-463-6669 info@simmonszle.com Exhibit C LSP Opinion Notice of AUL EXHIBIT D SOUTH ESSEX SEWERAGE DISTRICT Certificate of Vote of the South Essex Sewerage Board The undersigned, Clerk of the South Essex Sewerage District, established under and pursuant to Chapter 339 of the Massachusetts Acts of 1925,as amended and supplemented(the"Act"),serving the Cities of Beverly, Peabody and Salem, the Towns of Danvers and Marblehead, a portion of the Town of Middleton and certain state and county institutions (the "District"), and managed by the South Essex Sewerage Board(the"Board"), hereby certifies that the following is a true copy of the vote taken at a regular meeting of the Board duly called and held on Wednesday, May 10, 2023 at 1 p.m. at the District's offices in Salem, Massachusetts (the "Meeting"),pursuant to due and proper notice of date, time, place and purpose of the Meeting given to each member of the Board. The Meeting was attended by five (5) of the six (6)members of the Board, constituting a quorum,and voting throughout,and the following vote was duly adopted by vote of five(5)yeas and zero (0)nays (the "Vote"),which constitutes a majority vote of the Board. VOTED: (1) That the Board approves and authorizes an Activity and Use Limitation("AUL") on the premises located at 50 Fort Avenue in Salem, Essex County,Massachusetts(the"Premises")in accordance with M.G.L. c.21 E and 310 CMR 40.0000,in the form as approved by General Counsel and the Licensed Site Professional; (2) That the Board authorizes the filing of the AUL with the Massachusetts Department of Environmental Protection("MassDEP"); (3) That the Board authorizes the recording of the Notice of AUL with the Essex South District Registry of Deeds; (4) That the Executive Director is authorized and empowered to sign any other documents and to take any other action necessary to implement the AUL; (5) That the Board ratifies, approves, and confirms all actions taken to date by the District and its officers and agents to develop and implement the AUL, including the filing of any reports with MassDEP; and (6) That the Executive Director and the other appropriate District officials are each hereby authorized to take any and all actions necessary or convenient to carry out the provisions of this vote. I further certify that the vote was adopted at a meeting open to the public,that public notice of the meeting was duly given,and that no vote was taken by secret ballot.I further certify that the vote has not been amended, supplemented or revoked,and remains in full force and effect on this date. I further certify that the current Board Members are Michael R. Parsons, Amy S. McHugh, Stephen M. King, Jr.,Michael P. Collins,David H.Knowlton, and Robert J. Langley. 1 I, Amy Traynor, certify that the facts stated herein are truthful and accurate to the best of my knowledge and belief,as Clerk of the South Essex Sewerage District. Amy.I_ District Clerk Dated: May 10,2023 (District Seal) 2 n f!