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70-92 Boston Street - Phase 1 Initial Site Investigation and Tier Classification - Appendix C - January 2006 COMMONWEALTH OF M. ASSAC.T3-US=S - Mumma EXECUTIVE OFFICE OF ENVIRONM'F_NTAL AFFAIRS.' — -DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE 4VINT8R STREET, BOSTON, MA 02108 617-292-55o0 JANE SWIFT BOB DURAND Governor Secretary LAUREN A.LISS Commissioner November.26, 2001 Ms. Nancy Smith Massachusetts Site Assessment Manager. US EP-AEgion I _ --- One-Congress StreeL Suite 1.10.0= Boston,.MA 02.114 Site: Flynntan Address:.70—92 Boston Street Town: Salem;MA . CERCLIS No.:MA0002333433 RTNs: 3-0016788(Default Tier_1B) Dear Ms. Smith; The purpose:of this letter is• for ther Massachusetts Department of Environmental Protection (MADEP) to'•update you_rxecords regarding the NL DEP status of the Flynrpn site in Salem.. This site is.:classified.as a.Default M site,.as a site that is not currently in compliance with NIADEP's regtii 111e tt -. .Although`MADEP'is initiating enforcement action against some of- these sites, .no project manager is currently assigned,to this site.,and the site:is not progressing udder .the privatized program.. Pending additional.. investigation,- the site should remain- on CERCLIS as.:EPA Lead for potential additional .investigation. ` We are currently evaluating' feiif&cement-and other options for bringing this site back into compliance. We.will continue to -review_.the-status..of:this- site, .which:may.::change:_based on the° trerasi_=of compliance.under_the _ _... :- Massachusetts.Waste Site Cleanup Program. Please contact:Dan e' Ifeefe in Boston.at(617).292-5940_or Patricia Donahue:in NERD at(978) 661-7730 if you have:any questions regarding the above site recommendation. Sincerely; . Paul Craffey,Acting Section Chief Division of Response.and Reinediation cc: Steven 7ohnson, Section Chief,DEPNERO Patricia Donahue,.Section Chief,DEP NERD Hari'sh:Panchal,DEPfBoston Zak iaadrmaSoa is.avaihabie in.alternate format by ra1Nag pdr AD,C oordidwor st i617,57y 537?. DEP on the VVodd Wide-yVeb: htip_i'lwje,..staie-ms:usldep -4 Pointed on Recycled Papei F COMMONWEALTH OF MASSACHUSETTS x ExECUT-IVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER'STREET, BOSTON, 14A 02108 617.292-5500 ARGEO PAUL CELLUCCI Governor BOB DUR.AND Secretary JANE SWIFT Lieutenant Governor LAUREN A.LASS Commissioner vve! � March 227,2001 Mr.Jan Exman - 1; Salem Realty,L,L.C4' --.-66 D rrham,:G-T-- G42 RTN:3-0016798 ,Release Addr: 70-92 Boston St.,Flynn Tan Buiidirig: Release City: Salem RE:M.O.L.c.21E; 3:10 CMR 40.0172 Application for Financial Inability Sta-us Request for Additional Information Dear Mr Exman: , f v Recently the.Department of Environmental Protection ("the Department'} received a Financlal Inability. Application that you_prepared The purpose of this letter is to inform you:that Salem Realty's Financial Inability Applicationpaekage is incomplete and/or in need of clarification and will not be evaluated-until the information:referenced below is.provnded to the Departinerit. The.deficiences are presented in an order corresponding to sections of the Financial Inability Application Transmittal.forin, (BWSC- 118) - - _ .... ancial Inability`Application,(RWSC . 118 - - Section D. A licaiit Tax Filin Status and Re aired Documentation: 'Please submit proof of Salem.Realty's current:L.L.C. status i.e. a copy of the any material from the Massachusetts Secretary of States Office proving Salem Realty is currently an L.L.C.in good standing. Section O. L;�Y Pro sed Re prise and Cost:Estimates for Next Re uired Action: This section of the application requests two.(2).:Licensed.S.ite Professional (LSP) estimates for the Next Required Action at your Site There was one estimate submitted. It was riot on letterhead or attached to:a. . cover letter.from a Licensed Site Pro_fessiorial (LSP) and was-dated Novenbei- i 1997. Accartding to the Department.'s:'database an'IRA.was perforined November 24,; 1998.. .Also in Salem Realty's°application it states that "approXimately three years;ago the EPA did a removal and cleanup at the site. Approximately_ two fears ?go `l=e ci y Bern lisped and re moved most buildings-at the Site Tl�ie. estimates' you'submit should be i1p to date_ There.have:been marry changes at.the site.sirice the date iistPd on ��our es ti mate: This infernnadoh'9s aitilable in afternate format by caking our avA.Coardiaa:ar at(E17)374 6372. ucr on the knjord Wiee Web: http:/AvYAv.rnagnet state.ma.us/dep Printed on R.evIded Paper - RTN 3-0016788,-RFI, March 27, 2001 Page 2 --- Proposals for the Next Required Action are an integral component of the Application: To get a current Licensed Site Professional.(LSP) -list call The Board of Registration for.hazardous Waste Site Cleanup Professionals at(617)556-1091.. Section H. HistM of Efforts to Remedy Financial Inabili Enclosed you will-find information'on--the State's Brownfields Program. Please call the Departments Brownfields contact,Ms..Catherine Finneran at(617)�556-1138, to discuss Brownfields in relation to your site: Include in your response to the Department details.of what you have done relating to the Brownfields Program Financial Inability Status is not granted until the Department has received and evaluated-a. complete application, malting a determination in agreement with your assertion. At the conclusion of the evaluation process;you-will receive formal notification from the-]department regarding the results.of the-review,rights -.and responsibilities;. and timelines fi6r re-application if appropriate.. -Until your complete application is submitted and such a determination is made, Salem Realty; L.L.C. remains-responsible for conducting - --—-response actions pursuant to the 1VICP,an may fie subject to enforcement actions for failure to:do.so. Should-you have any questions regarding.the application process or required documentation,please feel free to contact Mr. Jordan Ratner, FI Program- Coordinator, at. (617) 292-55M Your -suppleinental documentation should be forward to Mr. Ratner's attention: at:the following address: Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup, 1 Winter Street;7th Floor,. Boston MA 02108. Thank you. Sincerely, r Robert P.Kalaghan; Chief Cost Recovery,Fees and Revenue Section - DEP Brownfields.Prograrh. - Division of Technical-.&t Financial Support - Bureau of Waste Site Cleanups Boston cc: Regional:Office—Richard Chalpin;Amy Brewer, Gail McCarthy,Esquire BWSC File i s i g '.off V o� ' � ..g,'�. .. 9%i. •. / 6 - si�� COMMONWEALTH_OF MASSACHUSEEWS EXECUTFJE OFFICE OF ENVIR(OIVMEN'I'AL AFFAIRS 3 > DEPART EI+ITOF ENV ONMENTAL PROTECTION - Y ' ONE WINTER--STREET, 'HQST{?aT;.DiA-'0210.8_ 517-292-55053 .. ARGEO PAUL CELLUCCI BOI3 DURP.N -Governor " Secretm JANE SWIFT LAUREN A.LIS -Lieutenant Governor Cornmissionc Mayor Stauley:l. Usovicz, Jr. February 5;2001 City of Salem:. . _ '. .. . Salem CitjyNall. �3ashIagtan-Street -Salem.--MA-0- RE-.Salem,Flyntann Building;70=92.Bost6n Street,RTN 34679$ Dear Mayor Usovicz: - - - 7Attached is a copy of a Notice of Enforcement Conference the Department-sent recently to Mr. Jan Bxman;the owner of record of the Flynntan Building, 70-92.Boston Stre Salem(the "Site'. As yo-u.wills see, the Department has issued a draft Administrative Consent Order and Penalty to W.Exman for his failure to conduct and complete response actions.at the Site to. . assess and remediate,a release of oil and/or hazardous material. Such a release condition is regulated-by M.G.L. c. 21E and the regulations adapted thereunder known:as.the Massachusetts Contingency Plan(the "MCP')at-310 CMR40 00.00 A s q. Mr. Exrnari's response to this Notice is:also attached:He states.that.he has xia assets.:or.caps to _.. _ do the'work required-by DEP and that,for all intents and purposes,the property is in the hands-of .the.City due to tax liens and an.imminent tax lien foreclosure. The.Department.will be Investigating Mr. Exman's claim of financial inability through our standard process. This letter is written to refer the City to certain.provisions.of M:G.L. c.21'E:regarding a city or town purchasing or taking a site:for nonpayment of taxes:Although M.G.L.c 21E should be read in,ifs entirety,sectit ri(d) of the defniii of"ovrner"or-,"operator"addresses,in mart;the taking of a site!for nonpayment of taxes.: All excerpted copy of said section(d)is attached for your-rei erence. -Please refer to the complete text of-M.G.L. e_21E for additional inf ation. about the City.'s responsibility`if it purchases or takes the Site for nonpayment of taxes.. }pis ban�7Matian s r-,a3;Qble_=-!'7r.ata g rM by l tin e 6t;T"M C-- r-I..a.pa a k3 y 514-63 2. DEr?on ine YVorid VMdeVVeb: http:itmmiv.magnetstate.ma.us(de_a ?Tinted cn PecyC:ad raper SeLretary If you have questions regarding this letter`,please contact me at 978-661-7600 or Zennifer Davis J\ . in the Office of General.Counsel at 978-661-7670. _ -ours truly, Richard Chalpin Rego Engineer. cc: Data Entry/File— Mr.,William.Lundregan,Esq: y Solicitor— - =- - _-:--- - ---- --=- - - - --:= - ----- - - - -- Mem=C=ityI �} --- ---.93 Washington Street Salem,MA 01970. Ms. Joanne Scott Salem'Health Department Salem City Hall _.:93 Washington Street Salem-MA 01970. ! Y iv1.G.L. c. 21E; § 2, definition of "owner"- or "operator,"in part,provides as follows: "(d)A city or town shall not be deemed an owner or operator if all of the following requirements are met: . (1)The city or town has purchased or taken the site for nonpayment of taxes under section forty-' three or fifty-three or chapter sixty,respectively. (2)No act of the city or town,or of its employees or agents, causes or contributes to the release or threat of release or causes the release or threat of release to become worse than it otherwise would have been. (3)After acquiring title to or commencing control or management of the site or vessel, the city or town satisfies all of the following conditions:.(A)the city or town notifies the department immediately upon obtaining knowledge of a release or threat of release for which notification is - .-'---- --- -_...required.pursuant to,and.in compliance_with,_.s-ection seven-or br gutations_promulgated'pursttant -'-- - __--the to; _the ci -o t9wn_prcavides reasonable access to the site or vessel to employees, agents," and contractors of the department to conduct response actions, and to other persons intending to conduct-necessary response actions; (C)the city or town undertakes reasonable steps.to (i) prevent the exposure_ of persons to oil or hazardous materials.by fencing or otherwise preventing access to-the site or vessel, and(ii)contain the fin-ther release or threat of release of oil or hazardous materials from.a structure or container; (D)if there is significant evidence of an immi„ent.hazard to public health, safety,welfare,.or the environment from oil or hazardous materials at or from the site or vessel,the city or town takes action to control the potential for . heal .ETamage,-hu i exposure, safety-hazards and environmental_-harm through_appropriate-- -- -- short term measures;_(E)if the city or towp elects to voluntarily undertake a response action or portion of a response action at a site or vessel, the city or town conducts such response action in '-°'"�•' , -compliance vAth#he-requirements of this chapter and the-Massachusetts contingency plan;.�ind_ (F)the city or town acts diligently to sell-or otherwise divest itself of ownership or possession.of the site or vessel.. Whether the city or town is acting or has acted diligently to sell or otherwise divest itself of oyv,4ership or possession of the site or vessel shall be detained:by considering the same criteria applicable licable to secured.lenders set forth in subelause subclause m of sub ara a h'- of clause: (5) of paragraph(c). . A city or town which takes anyaction referred to in clause (3)shall not be deemed an ovvner or operator solely because said city or town took such action. s A`city or town which meets all of the requirements set forth in`the pro-v-isions of this paragraph shall.be.excluded from the definition of owner or operator only with respect to releases and ti�teats.of release.that fii begin.'to occur before the city or town ac 'ai:es owners,..hiY or possession.Notwithstanding any other provision of this definition, a city or town shall be deemed an owner or operator with respect to any release or threat of release that first:begins to Occ'a.'.r at ur:5Dm the"site nT m',�"g th9 vine that-the city far to-w- -has ta`.. nersl in or possession of it for any purpose." Salem Realty;LLC 66 Old Blue mills Road Durham,-CT 06422 Tel(860)349-1940 Fax(860)349-3451 January 24, 20.0 Richard J. Chalpin Massachusetts DEp a 205A.Lowell Street Wilmington,MA 01887 Re: Salem, Flynntan Building; 70-92 Boston Street. - — ---•--- --Dear-bAr.-Chalpin: The purpose of this letter-is to advise you of the situation of the former Flynn tan building located at 70-92.Boston:Street in Salem,MA. At this time the City has demolished much of the former building.and fenced.o&the'site. The City has.delinquent property.tax liens and demolition liens against the property. These liens amount to over$750,000 and easily exceed the value of the property. Salem Realty,LLC has no other assets or capital to work with and is not able to do an ything with the site..For all intensive.purposes this property is in the hands of __ ... ..the.City.and.the._C4 has.informed me-that:they wiff-be conducting a tax--lien foreclosure.-on-the property.. This tax lien foreclosure will not be contested by Salem.Realty,-LLC'a fd is expected to occur t1 ig year. ' s y, -:Jan Exhian Manager -.._.. C:-: _�fmomw7pALTt3 OF ASSACHQ8.-. :FS --__ EXECUTIVE OFFICE OF ENVIROVUIi ENTAL.AFFAIRS d DEPARTMENT:OF.EBVIROM ENT PROTECTION � Metiopo an Boston.—N+nrtheast Regioiaal.t� c i 6 ARGEO PAUL CELLUCCI BOB DUi2AND Governor ._ Secretary JAYr,SWIFT - LAUi2EN A'LISS Lieutenant Governor Commissioner Mr. San Exirian . January 10,2001 Salem Realty LLC 66 Old Blue Hills-Road Durham,CT 06422 RE ynntan-Buildin .76�=92-Boston Stree DES'RTt�1 No:-3-16 88 File No. ACDT'-NE-41- NOTICE OF ENFORCEMENT CONFERENCE THIS IS-AN IMPORTANT NOTICE. FAILURE TO RESPOND TO THIS NOTICE COULD RESULT IN SERIOUS LEGAL CONSEQUENCES. - The Department has determined that Salem Realty,..LLC (hereinafter referred to as "you" or `yours is in noncompliance with the 1VL�.L.e.21E, the 1Vlassachusetts Oil ajqd Hazardous 1VI�.terials Release,.Pgyention - a anzt Response Act and the regulations-adopted thereunder,the Massachusetts Contingency Plan, 310 CNIR 40.0000. The specific violations are.described.in.the attached draft Administrative Consent Order(ACO). The ACO,if signed-by you,will require you to conduct certain actions in order_to return to compliance and pay an ldminish- ve penalty, - This letter is provided-to,offer-you an opportunity to reach a negotiated resolution of.this:matter with the Department_ You are hereby invited to participate in an enforcement conference scheduled at this office on the follDvl ing date and tune: - LOCATION; DEP Northeast Region l Office 2.05E Lowell Street W lhiinbton,MA 018VI DATE: February 1.4,2001 .TIME: 1:00 PUL ±+s nn?ornta#io�s avai3a61e in atl?emate;armat by wag our ADA Caardinatar a?(617)374-Sar- �nBA 11s"LL `r !m!raior.;MA 01387 ,.Phnne W�)68;-7600 a Fax 561'11?- , Tr?�;878)681-7F79 read the enclosed draft ACO.carefully, as this will be the basis for discussion at the enforcement. Terence.-If you donot aid the enforcement conference-or itfthe parties are otherwise not able to re 'a`nego#iated resolution of these vi©lations,.the Department will initiate appropriate enforcement action ai u Yon will have'limited, if any, further.opportunity to reach a negotiated settlement of this case. Possible actions include issuance by the Department of an Enforcement Order, a Civil Administrative Penalty and/or referral of the shatter to the Attorney General's Office for Civil.or Criminal Prosecution. Please contact me at 978-6.61-7701 by-February 7,.2001 to confirm your attendance at the enforcement. Conference. If you choose to attend- the enforcement.conference, please inform the Department as to whether or not you will have an attorney present. :. Yours truly, c 4 ------ - -Richard J. - Regional Engineer CC:Data.Entry/File CD1 111�D1� �+ALA$OF 1' ASSACHJSL+TTs EXEC.-OFFICE OF ENVIRONMENTAL AFFAIRS DLPARTMENT'OF E Ol°TVn;I TALYRO 'L+CuON Mr:.Jan T xman ) . ADMDUSTRA VE CONSENT ORDER Salmi Realty LLC ) Pile No.ACOP-NE-01-3AO03 } DEP RTN No.3-15700 L THE PARTIES A- The, -Department of Environmental Protection. ("I)epartme&" or "DEP") is a duly constituted.agency of the Commonwealth of Massachusetts (the. Coininonwealth . Its „) principal. . office is located at One Winter Street,'Boston,,MA 02108; and it maintains.a. regional office at 2.05A Lowell'Street,Wilmington,MA 01857. 7. —_D Salem Realty_I LCI Re vridentZ is a Massachusetts-corporation-wit}r-M-r::Fan-Exman-as • ---- Qwner7operats�r. Its principal place of business.is located at 66 Old Blue Hills.Road, Durham, CT 06422.-Respondent's Federal Employee Identification Number 4-D�QNS; STATElyI[E1VT OF LAB AI�TD FACTS; DE'TFRIViNA'I'IONS A.. Definitions: ' Unless otherwise indicated, the terms used herein shall have the meaning given to them by-the Massachusetts Oil and Hazardous_Material Release Prevention,and Response-_.--,... Act;--M. .- c. 21E and/or the Massachusetts-Conting en Pl 310 CMR.4t).0000 et c3' _ seq. In addit G1ion,the following term shall have the ineaning defined herein- .Site shall- -mean ihe-property located in Salem Massachusetts at-70-92"Boston Street and.an'y other place or.area.wheie.the release oil and/or hazardous materials at or from the Site has come to.be-located. B.. Statenlent.of Law: The parties g applicable law audio the p agree to the foliowin .statement of jurisdiction and authority of the Department to issue this Consent_Order:. ...- The Department is charged with .the implementation and enforcement of..the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, K.G.L. c. 21E and the regulations promulgated. thereunder-as the Massachusetts Contingency Plan at 310 CMR 40.0000 et seq'. (the "MCP"). The Department has the authority to issue this Consent Order pursuant to M.G.L_.c.21 E, § 9. 2. 71 he.Department is authorized to issue Notices of No;�cnomP,u ncv and to assess c} adminisu. _Ve penalties pursuant to M,G.L. n Vs b.21A, 16 and the rigu:aticns Promulgated thereunder at 310 CNR 5,00 et seq. 3. 310 .C. 5.12(3) states in part that the Department may assess.a Penalty on any person after a Notice of Noncompliance(NON)has been given to such person and: that person did not come-into compliance withii'i the d:ac3line specified in the NON with the Requirements)described in the NON,or b.) noncompliance with the Requirements) described in the NON continued or was repeated on or after the deadline(s)specified in-the NON. 4. '&min pertinent provisions of M.G.L. c. 21E and the 1bICI' as they apply to this Consent Order are as follows: a•) Section 5(a)of M.G:L.c.21E states in part, the owner-or operator of a. vessel or a site from or at which there is or has-been a release.or threat of release of oil or-hazardous material, (2) any person who at the time of storage or disposal Of any hazardous material owned or operated any site at or upon which there is or has.been a release or threat.or release of hazardous material; (3) any person who by contract, agreement, or otherwise, directly or indirectly, arranged for the transport, .disposal, storage or_treatment of hazardo ,material to .or...in a-:site:or-- __-- - -- vessel from or at which there is or has been.a release or threat of release of -- hazald�us-maferial (4) any person who, directly or indirectly, transported any hazardous material to transport,'disposal, storage or treatment vessels or sites from or at which there is or has been a release or threat of release of such material; and.(5) any person who otherwise caused or is legally responsible for a release or threat of release m of oil or hazardous material from a vessel or site, shall be liable, without regard to fault, (i) to the commonwealth for all costs of assessment,. containment and removal incurred pursuant to sections three.A, four, five A, Five an&eight or fourte en,_' relative to such release-or threat'of release,(ii) --.-. to the commonwealth for all damages for injury to and for destruction or loss of natural resources, including the costs of assessing and evaluating such injury _�.�...� .,....,.� destruction ox oss„incur d Qx_s ered.as-a result-of:such-releasa or threat.of - - release,(iii)to any person for damage to his real or personal property incurred or suffered as a result of such release or threat of release, and (iv) to any person-for any liability that another person is relieved of pursuant to the fourth paragraph of section four." b:) Re ui-ement .to: S'u&iiir a Re onse Action C}iitcome O ©� Tier Class' cation within.One Year o Release No cation: Re once Action Outcome: 316 CMR...40.0404(3) states, "[Ejxcept for notifc-atipns retracted- pursuant to the provisions of 310 CW 40.0335 and disposal sites; Locations To Be Investigated subject,to the Transition Provisions of 310 CJ1911Z_ 40.0500,- and disposal. sites meeting the criteria in 310 CMR 40.0501(g), a Response Aetidn Outcome Statement or Tier.. Classification Submittal snall be.received by the Department one year of the ea`lles follow ing dates: (a) the gate that ofai &tf-acation is r� ; , h_- � „ }.� _ ce_�e b� t��. b,epartm=.t- from any person a. 1v Ck 40.0331 of a selvas-y ol *area_ 0f mleasz. that requires notification pursuant to the `2 hour' and" `72 hour' notification provisions of 310 CMR 40.0311 through 310 CMR 40.40.0314; the date that written notification is received by the'Department from any person listed at 310 CMR 4.0.0331 of a release tna#.requiters notification to the `120 day'notification provisions of 310 CMR 40.0315; (c) the date that any person listed at-31.0 CMR 40.0331 obtains oral approval from the. DePaxtment to conduct a Release Abatement Weasure at a disposal site as a continuation of a Limited Removal Action, as specified in-310 CMR40:0443(4), or;- (d) the.date that the.Department issues a Notice of Responsibility to :any person listed at 31.0 CUR 40.0331-specifying that they are an RP or PRP fora release or threat otrelease that requires a response action pursuant to 310 CMR 40.0400." Tier Classification: Section 31 0 CMR 40.0501(3)states: "[E]xcept as provided is 310 CMR 40.0501(4), all sites for which the Department receives notification of a -_..__._.. release or threat of-release of oil and/or hazardous material pursuant to-310 CMR -- -- - ---___-- -__ 40.03-0.Q_ou._or-:after=Qc#�ber1,:-t993i-or-=has--discovered-or-discovers t-hat-, release or threat of release of oil and/or hazardous material has occurred, .shall:. be classified by RPs; PRPs or Other Persons as either a-Tier I or Tier II.disposal site in accordance with 310 CMR 40.0500.: A Tier Classification.Submittal, and, if applicable, a Tier I Permit Application, shall be submitted to the Department by the following deadlines; (a) within one year of the earliest date computed in accordance with 310 CMR as otheis _ - _. -.. ._ ..._. e specked by the Department in. an interim Deadline pursuant to 310 CMR 40.0167-or order pertaining to. such release or threat of release. In.the event that multiple deadlines for Tier Classification would - -_- be established by 31.0 C1r�IR 40:1150I(3) i "l `respect y to any spe�efia m disposal site; the earliest of the applicable deadlines shall apply for the purposes of Tier Classification." Section 310.CMR 40:0501.(4) states in part, "Notwithstanding any provision of 310 CMR 44.0501(3)to the_contrary,..Tier Classification shall not-be required for - - any disposal site for .which a Response Action Outcome Statement pursuant to 310 CMR 40..1000 is submitted to-the Department within one year of the earliest. date computed in accordance with 310 CMR 40.0404(3)." c) Ra uirement to Submit If Release Notification Form: Sections 40.0333 and. 4t1:0336 of the MCP state in pertinent part .that a completed IZNF, 'or, if appropriate, a.Response Action Outcome (RAO) shall be submitted to the DEP office in the region.in which a release of oil and/or -zardous.mate.-ial.occurred by the earliest of the foliow'nb dates: 1. within sixty(60)days of notifying.DEP of the release condition,or 2. within,sixiy (60) days of receipt of a Notice of Responsibility (NOR) from DEP. .''` .. P, d.) Re uirement.to Submit an Immediate Response Action (R'A}Plan: Section 310 C&M -- - 40.0420(3)states in pertinent'part drat,persons`conducting IRAs shall-submit to DEP l an IRA Plan within the earliest of-the following time P eriods: J (a) within 60-days of providing oral notification of those "2 hour" and "72 hour" releases or threats of release specified*in 310 CMR 40.0311 and 40.0314; ' (b) within 60 days of orally communicating to DEP.knowledge of a-condition of Substantial Release Migration at a disposal site; (c) within .601 days .of the date the DEP issues a Notice of Responsibility indicating that such persons are a Responsible- Party (RP) or Potentially Responsible Party(PRP)for a site at which an IRA is required;or (d) within a .time period established by DEP as .an Interim Deadline in accordance with 310 CMR 40.0167. e. Re uirement to-Submit an Immediate Re onse Action RA Status Report.• Section _._ _.._... -.--. .. __..._.._:.-_-:... 310-CMR.4:0X..425(1).states-:that.an_IRA=Status Report roust be submitted to DEP ---.---- ---- --=- - _ -- within 120 c_aleiidar.days of the datc_-a.PRP�st coi„mu„icates the_need--to perform an— - IRA at a site, unless an IRA Completion Report or an RAO is received by DEP from such person within this 120 day period. Following submission of the.first such Status Report,. additional Status _Reports shall.be submitted.to DEP every six months thereafter, until such time as an IRA Completion Statement or RAO is submitted to DEP. C. Statement of-Facts: Respondent agrees to the following Statement of Facts in this Paragraph C and the Determinations set forth in Pith g ph D below: 1. On December 1, 1998, Respondent was issued:a Notice of Responsibility (NOR).by - DEP due to-conditions-at-the Site which consthatecran Im�tient.Hazard iiiider 310r "."m``. CMl2 40.031.1(7) and a Threat.of Release under 310 CMR 40.0312. This case was assigned Release Tracking Number(RTN) 346788. 2. DEP's records indicate Respondent is a Responsible Party. (RP): or Potentially Responsible Pat (PIT) under M.G.L...c.2iE § 5(a)_.with liability.and.responsibility. _ . . - to conduct response_ actions at the Site in accordance with the provisions and - timeframes specified in the MCP. 3. DEP's NOR was issued to Respondent in conjunction with efforts. by the United States Environmental Protection Agency (EPA) to get Respondent to remove and Properly dispose of abandoned.chemicals and contaminated material and debris.from the Site. In light.of RespoAdent's refusal to conduct such actions, EPA removed corrosive and flammable liquids, sludge contaminated with heavy metals, ham-rdous liquids located in pits and floor trenches, ha does tannery scuds from floors and. trenches, piles.of scrap leather left outdoors, soiree.lead and chromium contaminated soil outside the building, heap metal and PCE contaminated wood, debris and Moor sWcopings and small PCB -electrical components and PCB oils. EPA's records ) TA indicate that Heavy metal and PCB contaminated soils remained on Site-'and require additional remediation. 4. Responden#remains liable and responsible under M.C.L.c.21E and the MCP far-the conduct of response actions at the Site needed to achieve a Response Action Outcome under 310 CMR 40.10.00,regardless of the response actions conducted by EPA. 5. On October 8, 1998; Respohdent was issued a Notice of Noncompliance (NON) by DEP for Respondent's failure'to .conduct response actions in accordance with the MCP to address the remaining:contamination.problems at the .Site. Respondent submitted a letter to DEP in response to the NON stating that Respondent vas:not aware of any spill or release at the Site. 6. DEP issued a second Notice of'Noncompliance to Respondent dated October 16, 2000 which explained the release.conditions at the Site and cited Respondent for: a.) failing to submit either a Response Action Outcome (R.AO) Statement or.Tier _._........:-Classification-Submittal to DEP-within-1 year-of notification that a release of: - - ____ -----° and(OX_h rdQus-materials occurred.-at-the-Sites as is--requked4n-sections-------- 310 CMR 40.0501(3)and 40.0404; b.) failing to submit an Immediate Response Action Plan (IRA Plan), as is required by 310 CMR 40.0420(3); and for c.) failing to submit an Immediate Response Action Status Report, as is required -by 310 CMR 40:0425(1) or an IRA-Completion Statement as is required by 310 CMR 40.0427. 7. e October lb, 1999 NOlV required Respondent to, within 30 days of receipt of the NON,:returnn to compliance with the.MCP by subT ;tt;ng an Pj�_F, Th—. Classificadaa or RAO and an IRA Plan. Respondent did,not come into compliance .with the _.--Regvi ent(s)--described-in--th,6 NON-Wi�in u deacll�n - - - - - e. specified m ffie flN. Respondent's noncompliance with the Requirement(s) described in the NON continues as of the date of this Consent Order. D. Determinations: Based upon the Statement of Facts set forth above, the Department has concluded that: 1: Conditions at-the Site constitute :a release *and/or threat of release to 'the environment of oil and/or.hazardous material pursuant to M.O.L. c. 21E and the MCP. 2. The Site is a disposal.site as defined by-M.G.L. c.21E and the MCP. 3. Respondent is a¢}�RP or PRP Ior the Site min or atYrh]ich there is or -beeu.a reiease an or 1q1}ia# y�if rv=sse of o i and/or hazardous mat ia! 'puryaant. to M.O:L. c..21-E and the MCP. TA 4. Respondent failed to comply'with a Notice of Noncompliance-issued pursuant to M:G.L. c. 21A, § 16 and the regulations promulgated thereunder at 310 CMR 5..00 et seq.. ll J 5. Respondent continues to be in noncompliance with the Requirement(s) descri'oed in the NON as of the date of this Consent Order. 6. Respondent violated the following sections of the MCP: .310 CMR 40.0501(3) and 40.0404; 310 CMR 40.0333, 310 CMR 40.0420(3); and 310 CMR 40.0425(1). IM DISPOMION AND ORDER Based on the foregoing Statement of Facts and Determinations, and pursuant to its authority under Section 9.of M.G.L. c. 21E, Section 10 of M.G.L. c. 30A and Section 16 of M.G.L. 21A, the Department orders and Respondent consents to the terms of this Consent Order and agrees to, perform-the_actions and to pay-the penalties,-as.-set forth herein:- This.Consent Order shall be binding upon Respondent, its successors .and assigns. Respondent shall not violate this Consent Order, nor shall Respondent allow or suffer its employees, agents, contractors, consultants or persons acting for -or at its direction to" violate this Consent Order. A violation of this Consent Order by Respondent's employee, agent, contractor, consultant or person acting for or at its direction shall constitute a violation of this Consent Order by Respondent. B. espondenfi shall be-jointly and severally liable for payment of any administrative penalty resulting from Respondents failure to complymith this Consent Order. E: ,�-_-Na change-in, ownership of - �. ,- - - p -atly'piorr of�fhe Site"Sltati uy wa�'a1t�.`Resp`andent's' responsibilities under this Consent Order. D. 310 CMR 40.0167 allows the Department to establish and enforce reasonable Interim Deadlines consistent with MG.L, c. 21E and the MCP. -Any Interim Deadlines established pursumt.to 310.CMR-40.01670)..and-this. Consent..Order, as well asizny other deadline -... established pursuant to this Consent Order, are enforceable pursuant to the MCP and this Consent Order. Respondent agrees that the deadlines set forth below constitute reasonable- Interim Deadlines pursuant-0 310 CMR 4U167. E. Unless a Response Action Outcbme (RAO) is submitted pursuant to 310 CMR 40.1000'et a—earlier,Respondent shall: _ — a. On or before - May 1, 2001,.submit to DEP a Tier Cl sssihcatiori prepared in accordance with 3"10 CMR 40.0500 and a Tier.I Permit pursuant to 310 CAN 40.0!00,if necessal.7; b. On or before July 1, 2001, submit to -.DEEP a Phase Il Comprehensive' Site Assessment in aca nce 'vrith 310 CREZ 40.0830 and a Phase H! IdM cat cn, Evaluation and Selection of Comprehensive remedial Action ) Alternatives in accordance with 310 CMIR 40.085Q, if necessary; and c. Qn..or before October'1; 2001, submit to DEP a RAO in-accordance with 3.10 CMR40.1000.. F. A.li actions taken pursuant to this Consent Order shall be undertaken in accordance-with the requirements and provisions of applic4.ble federal, state and local laws, regulations and/or approvals. O. All submittals required pursuant to 310 CMR 40.0000 et seq. or this Consent Order shall be incompliance with the MCP, including without limitation any Performance Standards and applicable.timelines for submittals which do not otherwise have Interim Deadlines for.submittals established in this Consent 'Order. Failure to submit a submittal in compliance with this Consent Order, the MCP; applicable timelines and/or Performance Standards,. shall constitute. a violation of this Consent Order and shall be subject-to Stipulated Penalties as provided in Section V.below.. _Performance of the foregoing actions-'shall not relieve Respondent from the need to - .. _ applicable laws-ancr regia;atxois nor-prolu`5i��e Department�rom seeking any remedy provided by law, including but not limited to any -other -civil= administrative .penalties, criminal penalties, or injunctive relief, .for- each day that Respondent may operate out of compliance with the environmental protection laws and regulations ofthe Commonwealth. TV.PENALTY ASSESSNVM TI' - Within thirty,(30) days of the effective date of this Consent Order,Respondent agrees to pay to the Commonwealth+a civil administrative penalty in the amount of$7,000.00. be..by certified check_, cash e�heck_or,_money cg r payable,�to,, the _ Commonwealth. of Massachusetts. Respondent's Federal Employer Identification Number, the words "In the Matter of Salem Realty, LLC". and "ACOP No. NE-017 3AO03" must be:clearly written on the face of each check or money order. No other form of payment will be accepted. The payment must be directed.to: Commonwealth of Massachusetts Master I,ockbox ,... P.O.Box 3584 Boston,MA 02241-3584 In.addition; photocopies of the check or money order shall be sent to DEP at the Notice address herein; AT IN: Richard I Chalpin. , B. Payment of administrative penalties shall not relieve,Respondent from the duty to comply with all applicable rules and reg-illations, nor prohibit the Department i&om seeking any, reanedy provided. by iaw, includi�ig but notLimited to civil administrative penalties, criminal penalties;.or injunctive relief, for each'day that Respondent may operate out ©f compliance with the enyitonmental'rotection later and revalauons:of the Commonwealth. TA V. STIPULATED PENA►I.TUS A. If Respondent fails to meet any of the requirements, terms or deadlines for-submittals listed in Section III, or fails to comply with any terms or requirements of this Consent Order, Respondent agrees to pay the Department a Stipulated Penalty in the amount-of $500.00 per violation for each day, or any portion thereof, each such violation continues. All Stipulated penalties shall begin to accrue the day the performance is due or the day a. violation occurs and shall continue to'accrue through the final day of the correction of the violation or completion of the activity. B. All Stipulated Penalties accruing under this.Consent Order shall be paid within thirty(30) calendar days of the date the Department-sends a written.claim describing the violation. Payment .of such penalties shall be made: by. certified check payable. to the "Commonwealth of Massachusetts," Respondent's federal employer identification number and the words, "In the Matter Salem Realty, LLC"; ACOP No. NE-01-3A003 must:,be clearly written on the face of each check or money order. No other forms of payment will. be accepted.- The payment-must be directed to:_ .:_._-........... . . .. . . . _ .--------=--...---=----- -C4mmonu-ealth of Massachusetts--=------ --=--------=-=---= Department of Environmental Protection -- Master Lockbox P.O.Box 3584 - Boston,MA 02241-3584 In addition, photocopies.of the check or money order shall be sent to DEP at the Notice address herein,ATTN: Richard J. Chalpin. C. All'stipulatedpenalties shall begin to accrue the day after any document or activity required by Section III of this Consent Order is due or the day the violation occi:rs and'shall continue to accrue. through the final day of the. correction of the violation or completion of the 'Separate penalties shalracerue for separate violations of taus C©nsenfrcer: D. The Stipulated Penalties set forth herein shall not preclude the Department from electing to pursue alternative remedies or alternative civil or-:criminal penalties which maybe available by reason of Respondent's failure to. comply with the requirements of this Consent Order. V1. NOTICES AND SUIBN 'TALS All notices,payments, certifications, submissions or other communications required or permitted to be made hereunder shall, unless otherwise indicated in.this Consent Order, be made in writing and .shall, unless otherwise indicated in this Consent Order, be sent by certified mail, retire receipt requested,:by hand delivery or by recognized overnight courier,as follows: If to the De_oartnent,to: Richard J. Q4alpin,Regional' E.ng3.n�er Department of Environmental Protection 205A Lowell Street Y dmil-1g�ion,ivy 0 i 881 TA' .v Respondent; to: Mr.Jan-Exman Salem Realty LLC 66 Old Blue Hills Road Durham, CT, 06422 A11 submittals w l be considered delivered upon receipt. 'lam,WABTR OF BEARING Respondent understands: and hereby waives:its right to an administrative hearing .before the Department oil, and judicial review by the courts of,the issuance or terms of this.Consent Order. Respondent ..also hereby waives notice of its right to an .administrative hearing. before .the Department on,and judicial review by the courts of,the issuance or terms of this Consent Order. This waiver does not extend to any other order issued by the Department. _ - - - - -VIH. RESERVATION OPRIG TS-.. ..- �4. The Department expressly reserves; and this Consent Order is without prejudice to, the Department's right and authority to issue any additional order and to bring any other claim, demand..or other action against Respondent with respect to the subject-matter:of this Consent Order including, but not limited to, the: (1)recovery of costs incurred by the Department in connection with response actions.conducted at the Site or enforcement-of this Consent Order; (2) recovery of damages to natural.resources pursuant to M.G.L. c. 21E, § 5 or 42 U.S,C. 960. e$seq.; (3)recovery of damages to the Commonwealth's real ......-- -.... -or personal property pursuant to M.G.L. c. 21E, § 5; (4) enforcement of this Consent: Order in any administrative or judicial proceeding; and (5) e- orcemeut of past of firturc noncompliance with any statute or revelation. B. Nothing in this Consent Order shall be construed or operate to bar, diminish, waive or in any way affect the Departrent's authority to perform response actions at.the.Site or to require Respondent'to conduct response actions or take other actions beyond those required- by this Consent Order in order to comply with all applicable laws and regulations including,:without.limitation,M.G.L.c. 2lE:and the MCP, I. CONSEQUENCES OF VIOLATION OF TBE CONSENT ORDER In addition to being a.Consent_Order, this is also a Notice of Noncompliance and an Assessment of Administrative Penalties.issued to Respondent pursuant to M.G.I.,. c. 21A, section 16, and 310 CMR 5.00 for the violations referred to herein'. .Future violations oft he MCP or of this Consent Order may result without limitation,'tation, in the assessment of additional ci-sn administrathre penalties for each day,or portion there:; each such occum or contimues. X MODMCATION This Consent Order may be modified only,upon the written agreement of the Department and Respondents. • M.'SEVERABIEITY If any term or provision of this Consent Order or the application thereof to any person or circumstance shall, to any.extent, be.invalid or unenforceable, the remainder of this Consent Order, or the application thereof,shall be valid and enforceable to the fullest extent permitted by law. In the event of such invalidity or unenfQrceability,the Department may in its sole discretion elect to void the entire Consent Order. XH: EY'ECTIVE BATE This Consent Order shall become effective and shall be deemed to be Mnsented to.as of the date - -" ofthe Department's signature se#forth below. SO ORDERED: for the Department of Environmental Protection - By: Date. William P. Gaughan,Regional_Director Northeast Regional Office - By: Date: Printed Naive: .Title.. . ._ FEM . a - -_ _- - :H.� --- - - - i.' r.y:.fir: ..`�.__.�=.�,,. _ .f,;'" ..1..,;�-:_�_ -7 •��,�� .. f 1 _°_•---•- .. —:_.�--cam_ - --... _ --�- ... � .. -• �. ..� � ._, _..., ,;ram_;. r" ..._ ._ L._ � ... � - � . :_ >� � � i■ _n_ 1 •r Ems - FILE No.429 10/16 '00--09:05 t_tl:US EPA FAX:6 1-7 .918 1199 PAGE 1 yz UNITED STATES ENVIRONMEWTAL PnOTECTiON-A►GENCY Uj Region 1 Z;F 1 Congress Street, Suite 1100 BOSTON, MA 02 1 1 4-2023 - CSIMl L E TRANSMISSION RESTRICTED INFORMATION The information contained in this facsimile message, and any and all accompanying documents - - - constitutes conf eiitial injarination. 7krt`s` injorinai on is theproperty ojrhe UnfiredStates F..nyiro�7mental ---------------.---ProtectiorrA ency.==fy:I- ari-are riot the-inwendedrecipienrof this injor ncitr"off any d�sclosuri�; cnpwno - - ---- distribution, or the taking.of any action in reliance on this information is strictly prohibited. If you receive this message in error,please notf i y me immediately to make arrangements for its return. Thank you. To.: Dick.Chalpin Fax" 1-978-661-7615. From: A. Hatzopoul'os Date: 10/16/00 Number of pages including cover: -RetUrn Fax. -61-7-918-l 291 P assage: Call at 9.18`-1284-if.voU.need additional information. 0/16 '00 09:05 ".O:US EPA FA 918 i199 PAGE 2 U.S. ENVIRONMENTAL PROTECTION ACENCY POLLUTION REPORT I • HEADING DATE: OCTOBER 27, 1998 SUBJECT:LOCATION: FLYNNTAN SITE - POzREP #3 FINAL 70-92 BOSTON STREET, SALEM, MA SITE ID NUMBER: 015Y CERCLIS NUMBER: MA0002333433 - OSC: A. HATZOPOULOS, USEPA, OFFICE OF SITE OFFICE PHONE. REMEDIATION AND RESTORATION, SECT. II ACTION MEMO STATUS: 9 F'UNDL£AD284 (OFFICE) INCEPTION DATE: JULY 6, 1998 DEMOBILIZATION DATE: OCTOBER 27, 1998 The Site is located -at 70-92 Boston Street in Salem, Massachusetts. The Site is approximately 1 . 90 acres and is- an abandoned leather tanning factory loca-ted in a heavily Populated residential/commercial area of Salem, Massachusetts . Contaminants found at the site include but are not limited to heavy metals and polychlorinated biphenyls_ For further background information, please refer to POLREP No. 1 . �. III . ACTIONS (August , 14, 199.8 through October 271998) � i For details of actions completed prior t_ Aug st 14, ._ .998,1 pleas: ^ref e-r-t-o POLR815k6s 'I and"2 . See Table 1 for the amount of,- the materials collected and transported offsite; destination amount and/or the disposal technology_ 1) 8/14/98 completed the collection and transported the hazardous waste liquids from floor trenches and _.p.its to- United Oil Recovery, Meriden, CT; 2) s/2o/9g completed the transportation 'and disposal of drums to Ccle3) 9/10/98 completedChem the,disposaltof he sludge from pits -tannery solids from floors .and. trenches, along, with a lirgited arnount of lead .and chromium contaminated surface soil to Waste Management, 1 .Norridgewock, ME; 4) 9121198 completed the covering of the floor t-�-er,ch--as a,,,a Pits with plywood and metal plates; 5t y 30/98 completed the disposal and trailsporta%ion of contaminated personal protective equipment and hose to Waste Managemen- A76rradgewock, 312 _ 6) 27/9 completed the 'disposaj and t ra-�st�orratio: of 4atl.er a imps to Cycle Chem, Inci Elizabeth, NJ. j" 1.0,-16 '00 09:C5 '):US EPA FAX:6" 918 1199 PACE 3 2 TABLE 1 WASTE STREAM AMOt)WT DESIGNATED - . TREATMENT APdwOR FACILITY DISPOSAL TECHNOLOGY HAZARDOUS S 379 UNITED OIL.. WASTE ..__.:..__. . . . _. -._3a,ll.ons ULTRA. F_:ILTRATION LIQUIDS- _... ----------...__<_-_.__ - ------------- ----.---._.._------ CT ON -FILTRATION, REVERSE OSMOSIS DISCHARGED, POTW NON 2, 943 ECC, REGULATED gallons ULTRA. FILTRATION LIQUIDS STOUGHTON, MA DISCHARGED. TO MWRA NON RCRA 65 CYCLE CHEM, TO BE DETERMINED WASTE gallons ELIZA13ETI3,- NJ ... _ FLAMMABLE. l, 0 5'5 CYCLE- CHEM LIQUIDS gallons TED ELIZABETH, N.J .,CORRiGS3- .-.- _._:._.,4.3,.0-_ ..:._. �CY"CLE CHEM, TBD LIQUIDS gallone. ELIZABETH, NJ CHEMICAL; 1, 700 CYCLE. CHEM, PROCESS `The TBD LIQUIDS- ELI2ABETH, NJ CHEMICAL' 660 CYCLE CHEM, PROCESS - gallons TBD SOLIDS ELIZABETH, NJ LEATHER-- 2 CYCLE CHEM; SCRAPS cubio ELI2ABETH, TBD .yards' N J LEAD/ACID -60 . lbs STATEL.INE SCRAP, BATTERIES Sp7rr*s ,,,T RECYCLE �.,,,. A_T.1LEBORO, 1iMA I CxROMIUM/PAH ' 8, 080 t 1=,STE MANAGEMENT, i CONTAMINATED gallons . LANDI FILL COVER. NORRIDGEWOCK., ME [TANNING �� SLUDGE 110,'16 '00 09:05 '):IJS EPA FAX=6`` 918 1199 PAGE 4 3 IV: FINANCIAL The removal project ceiling defined in the Action Memorandum is $286, 000 .00 CEILING CHARGED BALANCE ERGS $130, 000 $130, 000 EPA $. .70, 000 • $551000 $15, 000 --- --- .START - -- -.... . . .:. _._... _ . . .. --- -- S 0, 0 0 0 _ ... $20, 000 - CONTINGENCy $ 36, 000 $ _0_ $36, 000 TOTAL $2861000 $205, 000 $811000 The above cost estimate. is based on figures known to the OSC at the time this POLREP was written. The cost accounting does not necessarily. .represent an exact monetary figure _ _. which the government -may in-cLude in -any claim for cost recovery. V. FUTURE PLANS A small portion of chromium contaminated soil (approximatel `60 cubic. feet) which is located y _ between the parking lot an adjacent to the southwest portion of the four story d metal/wood frame building, will remain on Site_ This area is located in an approximately 15-foot depression from the parking lot and is not. easily..accessible to the-.public. it does not meet . the . EPA. time critical removal criteria because it does not pose a direct contact threat and does no to have the capability to mir t appear ate via wind or surface runlloff: The OSC mg rate discussed this matter with both, the MADEP and the City of .Salem and has advised them to take this matter into considerati the Site. on on any future activities at. CASE p.G,Aj_s f 4 10/16 '00 09:06 9�US EPA FAX: a 918 1199 PAGE 5 U.S. ENVIRONMENTAL PROTECTION AGENCY POLLUTION REPORT I . HEADING DATE: AUGUST .6, 1-9 9 8 . SUBJECT: FLYNNTAN SITE - POLRE #2 LOCATION: 70-92 80STON STREET, P42SALE MA SITE ID NUMBER: 015Y CERCLIS NUMBER: MA0002333433. OSC: A. HATZOPOULOS, USEPA,.. OFFICE OF SITE REMEDIATION AND RESTORATION, SECT. II OFFICE PHONE #: 617-5.73-5759 (OFFICE) ACTION MEMO STATUS: FUND LEAD INCEPTION DATE: JULY 6, 1998 DEMOBILIZATION DATE: TBD . BACKFROUND_..... = --,.,._. ....... - -..-.__.:.__. ----- ------- - The Site is located at 70-92 Boston Street in Salem, Massachusetts. The Site. ie approximately 1. 90 acres and is an abandoned leather tanning factor Populated residential/commercial area of Salem., Contaminantsated in a Contaminants found at the site include but are not limited to Polychlorinated biphenyls (PCBs) , lead and .ch omium.- For further background information, please. refer. to-. POLREP_ No._ ] ._ . III . ACTIONS (July 20,. 1998 through August 13 , 1998) For details of actioPPtcomp ted pri _..�.�-�.. �_ _ le . or- tom ` refeY -ta. P=2P No. 1 . 3 0, 8, 1"ease 1) completed the dismantling of .capacitors and their placement .in drums pending disposal;. 2} completed the .clearing and staging of debris within the site building; 3) - completed.-Consolidating the floor and trench waste .pending: removal "with a vac.tor truck; .4) completed the transfer of solvent liquid from an aboveground . storage tank into .two drums which were staged pending disposal; 5) completed- hazard categcorization testing of hazardous materials 't drumo; 6) completed waste stream categorization and staging the hazardous -materials fbu d in rai,atiL9jcc:-Mainers; 7) completed compa.tibil. ty testin of hazardous materials in drums; 8) completed the consolidation of compatible drums for disposa.l - and overpacking of two drums; 9) completed� -tile lc3bQratory Parka-4n^l G`�-� �', � ryv d1�i C' Gi; b ��ia_ onta.'.r=yam _ .L 10) completed the staging :of 8 wooden vats; ll) prepared 'and '.ut out -id5 fo ' a disposal of the hazardous materials in wastewater, 10/16 '00 09:06 "MS EPA FAn '918 1199 PAGE 6 Slud 2 12) completed lthe atransport and disposal '�autewater from on site sumps/pits; of one shipment of 13) completed the removal of a imitedamount of lead and chromium contaminated surface soil disposal;. and its staging pending ?a) completed the cutting- and staging City of. Salem for covering interior of trenChAlYwood provide by the 15) completed the segregation of pending disposal . contaminated wood and debrisd IV_ FINANCIAL The remova i - - - . .., protect -ceiling defined in the_-Ac.tion.. Memorandum ---- - CEILING CHARGED ERGS BALANCE $130, 000 $75,400 $54, 600 EPA $ 70, oao $20, 000 $50, 000 .START $ 50, 000 . $13, 000 $37, 000 CONTINGENCY l S 36, 000 In TAL _0, $36, 000 $286, 0o0 $106,400 The above cost estimate is based on figures at the time this POLREP was written, known to the OSC does not necessarily represent an exacthmonetarycfiguren9 Which the government .m recovery,_ ay include in anY claim for cost V FUTURE gL1iVS" ERCS CASE; FENDS l wa tti. , Vz:l,VC3 :-�:u� tN�l rA " 918 1199 PAGE 7 t,. U_S:" ENVI:RONMENTAL PROTECTION 4GENC-Y POLLUTI OIL-REPORT I • HEADING DATE: SUBJECT: DULY 20, 3..998 LOCATION: FLYNNTAN SITE - POLREP #1 SITE -'zD NUMBER: 70-.-.92 -BOSTON STREET, SALEM, MA CERCLIS NZJMBER: 015Y OSC: MA000233.3433 A: HATZOPOULOS, USEPA, OFFICE OF SITE OFFICE PHONE # REMEDIATION A14D_ RESTORATION, 517-573-5759 (OFFICE) SECT. " II ACTION MEMO: STATUSe 'INCEPT bRi'E: FUND LEAD DEMOB.ILIZAT-SON.: DATE. __-JUI,Y 6; 1998 -- - -- -;".-1I =-==.-.BACKGRO�TND_.. ---.._.__...-------;•--: ._ . The Site is located-...at 70 Massachusetts. 92 Boston Street in Salem, The Site is approximately "1:9Q acres and is an abandoned l;eathe.r .tanning factory located r a Populated resi dent ialycommerci'al' area of . heavily Site" i"s fenced with locki.n Salem, Massachusetts. = The Site. 9'..gat.es at several -entrances of the However, the fence does_`.riot preclude_- unauthorized -access. Evidenee...from""graf€i"tti :arid ofher, vandalism activities that children :and "others had been entering the- Sit The closes" resident-iw? F�oPerty is less than '.100 feet away from t t An estimated 1 000 People reside,4w.ork,. ._2-S"-M!,les csf :th�hs 1.itet e ay carte faclityx zs located. .2. miles west of .the - Site. withi - 1 mile:_radius. there are 5 other schoois, one of "which i n a zgh "Scho41 . Most .of" the. windows . doors of .the entire s salerz} struCtur'e .a�e either broken, and or have been. ..replaced by- The temporary Plywood. . . . primer. : . y ahrea.ts that will .be .removed from.-the Site ..consist. o€ 1gzlitable. and caustic substances in .eakin drums tanks as . t4el-I as g electx�c:al capac�tors. .and -metal Canning -reszaues./aus ..• such as chromium. and lead . .on the .,floors, drains; settlin and exterior- gro Mds . "" Cont�aminar_ts found.' at .the site i g pits " are- not .li.mit.ed .to polychlorinated..bzphenyls: `(PCBs) , dead u chromzum: ncludE. but , ACTIOz7S On July: 5, 19yE the E� C tractor" " 1 �,� -C� .coreand the "START contactor ized to the site. To :date'._ERCS 'has : 1 i. es.tahl fished .secur.it Y, G.J p.repa red vha ss '}- • . 1`e fci the rerftoval action ;act vibe i . e.- set uP ".utilities (phones; fax; electricity, water ett) FAX:r 918 1199 PAGE. 8 { 3) cleared and beg staged the debris from 5) therrianufac 2 4) an the consolidating the floouring floor, Categorized and stage r and drain was d the hazardous materials found d±-umsfcontainers; . in 6) disassembled, staged and containerized a.:.l PCB Coma electrical components, urinated 7) Prepared and put out bids for :the transporta . disposal of the - hazardous materials Lion and I.U. FINANCIAL The removal is $296, project ceiling defined in the 000 . 00 Action Memorandum ERCS CHAREI7_:.:. ._.. - - -::...__:_• B. LAVCE. .._.:..: _.. -=:-- -- 000 $32;000 EPA $9.8, 000 $: 701.00.0 $11, 000 $5.91 OOQ CONTINGENCY 'START $..50-,'000 $10, 000 $40, 000. TOTAL =0- $36, 000 $286, o00 _ - . _. ..$53ro0.0... ..... / $233, 000 l The above cost .est-i,mate• is baszd on €i at the time. t gores known to the 0S0 does his .POLREP- was written. The cost --- iecessa .l cFoUn_t..i=ng- Whieh the government netar may includei.nXantvmo - y figure recovery. Y claim for cost V- FUTURE PLANS, ERCS will . continue to cn_ soldate the corttam?nant --on th floors, drains ad' pits -for transportation and disosa.Ze CASE PENDS. p f -- -,1314'k1�LC.f1V VY LtiLl H OF MAS rZc 1( - EXECUTIyE OFrICE QF.ENVIR(�?eTItrFEir i AL AFFA�S DEPART T OF ENVIRONMENTAL PROTECTION _ METROPOLITAN BOSTON-NORTHEAST REGIONAL OFFICE ARGEO PAUL:CELLUCCI TRUDY CO, Governor Secrew DAVID B. SI'RUF Conur issiona Salem Realty, LLC 65 Old. Blue Hill Road OCT ( �gg Durham;.. CT 06422 Attn: Ms. Jan Exran RE: Salem, -_.10-92 'Hostom -Street; RTN 3-1678.8 NON Number: NON-NE-98-3E046 NOTICE* OF NONCOMPLIANCE YTS. IS AN IMPORTANT NOTICE: FAILURE TO:TAKE ADEQUATE ACTION IN 'RESPONSE TO-.THIS NOTICE COULD..RESULT IN. SERIOUS LEGAL CONSEQUENCES. - . .'-.•-._—.e .+..e y.....f1ie..r-._ .n_... .��+.-r- -._.r ... ....... .. '�....:.....: ...:. .._.r..--... - .-. .—... .-. .f r-oY•n+i-- _.<r+• - The. Department.'s - records indicate that you are a ."Potentially -Responsible Party" (PRP) 'for a release of oil and/or hazardous materi.als- that 'Occurred at the subject site. This`noticd is provided to inform_ you that you are- not in compliance with the Massachusetts Contingency Plan - . ... ..(the .MCP.).; 310 CMR 40.0.000.. The Department has no. record._ of- your conducting and/or completing the response-.actions. required by the MCP to. address this release..- In order for you to, return toncompliance; provide- DEP with- the. information describers in ..this Notice by the - applicable deadline Is) An administrative penalty may be _assessed for every. day from now on that you are in noncompliance-. - -Notwithstanding -this Notice ofNoncompliance, the .Department reserves the. right. to exercise the full.-'extent of its legal authority..in .full-compliance :-wi:trr-_-a11 - applicabde-_..requareme-nt°5,- ---- - - -includingr but---..not_:.:limited..._to..., :_criminal. _prosec-u.tion,_:.- ciui.l ;:a t. on.__._.- including court=imposed .civil. penalties, or: administrative. penalties assessed-by. the. Department. If you have any questions about this matter, please contact. me- at 1978) .66-1-7701. C , . Richard J. alpin, Re ona.l Engineer CC: Data Entry File 269a Lowell Ss 0 Wfimin4ton,.mbs. ache 01&S'7 .• FAX (978) 661-7615 Telephone (978) 661-760. & TDD#(J78)661-679 �•,a yr. �'!'1's'� ?NCOMPI,IfiI'7CE:- Salem Realty, LLC LOCATION WHERE NONCOMPLIANCE OCCURRED OR 'WAS OBSERVED: 70-92 Boston Street, Salem t. DATE W11EA. NONCOMPLIAWR OCCURRED-OR. WAS OBSERVED: July 13, 1998 Release Notification Form (RNF)' due . July- 13; 1958.. - Immediate Response Action (IRA} plan dine September 13, 1998 - Immediate. Response Status Report due DESCRIP!'ION OF THE REQUIREMENTS NOT COMPLIED WITH: ' • Sections 40 -0333 and 40.0336 of the MCP state in part that a completed. Release Notification -Form (RNF) or,. if appropriate, a Response- Action. Outcome Statement (RAO) shall be submitted to the DEP office in the region in which a release.of: oil and/or hazardous.. material--occurred by the- earliest of the following dates : (a) within sixty (60) of your notifying DEP of the subject release condition,- or (b) within sixty (60) days .of your receipt of a Notice of Responsibility (NOR) from. the Department -:for the subject release. condition. Violation: Neither an RNF .-. : or _ as been�stabmi a .. -. . . ....: :. - . .� ,��d to • Section, 31.0 CMR 40.0426 of the MCP states in art th s conducting Immediate Response Actions shelf submit to p a`' persons EP Immediate Response Action Plan an (,IRA Plan) within the earli stDof the following time ,periods: (a) . within 60 days of p.roviding oral notification of those "2 hour" and ".72 hour" .releases or threats -of release specified in 310 . CMR 40-0311 and .40-.03i4; (b) within 60 days of orally communicating to DEP knowledge. of .a condition of Substantial Release .Migratio -, at a disposal site; (c) within 60 days of -the date the DEP. issues. a Notice of - -- --,-.- -Responsibility indicating-that-such-persons--are :a".Responsible Party (.RP) .or Potentially_.Respons.i.ble Party. at which-:an- IRA is ;required; .or -(PRP) for- a- sine- (d) within a time .period established by DEP ,as an Interim Deadline in accordance with 31.0 CMR. 40.01.67. An IRA Plan is required within:such timeframes unless an Immediate Response Action Completion Report . or Response Action Outcome statement has-been submitted to DEP.','-,y the due date of an IRA Pian. Volation:. Neither an IRA Pian, . IRA Completion Report or RAO has been submitted to DEP as of. this. 'date. � Section 310 CMR. 40. 0425 (1) ' of - the 1eCP states that. an Immed2ate Response Action Status Report must.-be :submitted to the DEP within 120 calendar days of the ?ate Q.FRp ;first communicates the need .to perform an Immediate Response-Action at a site, unless an Immediate Response Action Completion 'Report (IRPC) or a Response. Action Outcome Statement r (RAO) . is received by the Department from such i iron or WS F0,M38r1: UJMMONWEALTH OF 1VMASSACHUSt-TTS ` X�CU'i'IVr, OFFICE OF ENVIRONMENTAL AFFAIRS a DEPARTMENT-OF ENVIRONMENTAL PROTECTION r Metropolitan Boston—Northeast Regional Office n ARGEO PAUL CELLUCCI BOB DURAN] Governor Secretar JANE SWIFT LAUREN A.LIS: Lieutenant Govemor Commissione •Jan Exman October 16,2000_ Salem RealtyLLC 66 Old Blue Hills Road Durham, CT-06422 . RE: Salem,Flynntan Building; 70-92 Boston Street,RTN 3-16788;NON-NE-00-3A1I8 Lear Mr*. Ewan: DEP's records indicate that Salem Realty LLC/Jan Erman (hereinafter referred to as `you"or "your'D is a Potentially Responsible Party,(PRP)for the site.named above. As you are aware, DEP issued a Notice of Responsibility(NOR)to you dated December 1, 1998. The NOR - advised you of your legal responsibilities under M.G.L.c.21E and the Massachusetts Contingency Plan,310 CMR 40.0000, for assessing and/or remediating environmental- contamination:resulting from releases of oil.and/or hazardous materials at the subject site. This Notice was sent to you in conjunction with-efforts by-the-United States Environmental Protection Agency(EPA)to get you to remove chemicals and other contaminated material from.abandoned buildings at the site. In light of your inability or refusal to conduct the response actions required by DEP and EPA at the time,EPA spent over$200,000 conducting remedial actions at the site. EPA removed corrosive and flammable liquids, sludge contaminated with heavy metals,hazardous liquids located in pits.and floor trenches, hazardous tannery solids from floors and trenches,piles of scrap leather left outdoors, some lead and chromium contaminated soil outside of the building, heazry metal and PCB contaminated good, debris and floor sweepings and small PCB electrical components.and PCB oils. EPA's records indicate that heavy metal and PCB contaminated soils remain on the site and require additional remedial actions. Subsequent to this effort,DEP issued a Notice of Nolacompliance (NON)to you dated October 8, 1999 in which.you were cited for.failing to conduct_response actions to-address the remaining environmental contamination at the site. In a letter dated December 1, 1999,you stated.that you were not aware of any spiii or.release at the Site.. In light of these events and the site's history involving releases of oil and/or hazardous materials this NON is hereby issued to you to inform you that you are remain out of com-oliance with the Massachusetts ContingencyPlan.(MCP), 310 CMR.40.0000. An Adn ls. tive Penalty may be assessed for every clay from now on that you remain in noncompliance. .As of the date of this NON, you are not in com-pLance with.each4e,,aulaton checked below; ; This infor 240D is&Y202ble iR al#eraaie To.-Mat by calling our ADA Coordinator at(517)574-6o72. 23 1 vy all St iitiSrr;:g-S4r:,?'A Ai Fg7. Phone 19795 S5 -7vrn a Fa.,r27R,-- ._._ .. r_7 r.S_-_7 r; ElViolation 1` You have riot submitted either a Response Action Outcome (RAO) Statement or 'Pier Classification Submittal to DEP within 1 year of notification that a release of oil and/or hazardous materials occurred at the site "named.above, as. is required in sections -10 CMR 40.0501(3) and 40.0404. Q Violation 2: You have failed to submit a Release Notification Form (RNF), as is required by 310 CMR40.0333 and.40.0336. EF Violation 3: You have failed to submit an Immediate Response Action Plan(IRA Plan) as is required by 310 CMR 40.0420. '- Q Violation 4: You have failed to submit an Immediate Response Action Status Report, as is .required by 310 CMR 40.0425(1). Note: If the IRA is done, you must submit an IRA Completion Report—see 310*CMR 40.0427.. Attachment l .contains an explanation of the regulations_you are violating and. the must take.to return to compliance. To return to compliance and avoid an Administrative Penalty, you should follow the instructions on Attachment 1 and submit the information and/or forms necessary to comply with. each violation checked within 30 days of your receipt of this NON. Notwithstanding this NON, DEP reserves the right to exercise the full extent of its legal authority t3' to obtain.full compliance with all applicable requirements, including but not limited to, criminal �. prosecution,-civil action`-including court4fnposed civil penalties, and- administrative penalties issued by DEP. ,Attachm=t 2 contains-more-information about-vh�-this�0N was-issued-tc you. `If you-have. any questions, contact me at 978-661-7701. Yours truly, Richard J alpin, Regio Engineer CC: Data entry/file A. I-Iatzopoulos, United States Environmental Protection Agency, One Congress Street, Suite 1100 (I-MR),Boston,MA 02114-2023 Salem Board of Health COMb1ON`XEALT1H OF MASSACHUSETTS EXECUTIWE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTmENT.OF E' NvrRO1m MENTAL PROTECTION ONE WINTER STREET,.BOSTON, MA 02105 617-292-5500 ARGEO PAUL CELLUCCI GGVemor BOB DU�YD Secretary JANE SWIFT LAUREN A. LISS Lieutenant Governor Commissioner Marsh 27,2001 Mr.Jan Exlmman Salem Realty,L.L.C. 66 Old Blue Hills Road Durham,Cr 06422 RTN:3-0016788 Release Addy.70-92 Boston St.,Flynn Tan Building Release City. Salem i RE:M.G.L:c.21E;310 CMR 40.0172 Application for financial Inability Status- Request for Additional Information. r. Dear Mr.Exman- --Recently4ie-Department-of£mvironme °'Protec [ n (-the Departure t' ret;eive.�d'a Financial Inability _w Application that you prepared, The purpose of this letter is to inform you that Salem Fealty's Financial . Inability Application package-is incomplete and/or in r eead of darobadon and will not be evaluated until the information referenced below,is.provided to the Department.The deficiencies are presented in an order corresponding to sections of the Financial Inability Application Transmittal form,(BWSC- 118). Financial Inability Application, WSC-118`,: Section D. Auplicant Tax Filing Status and Required Documentation: Please submit proof of Salem Realty's current L.L.C. status i.e. a copy of the any material from the Massachusetts.Secretary of States Office proving Salem Realty is currently an L.L.C.in good standing. Section G. I.SP Proposed Remonse and Cost Estimates for Next Required Action: This section of the applieaiion requests two (2) Licensed Site Profession (L.SP,1 esti-z tes for the 11,16-A Required Action at your Site. There was one estimate.submitted. It was not on letterhead or attached to a cover lettQ- hrom a Licensed Site Professional (LSD) and was dated No veniber 11, 199".. Awcording to the l ar rert's datroase.an IRA was periorzrged N&—__ber 24, 1998, Also Sal• .Real;ma's .apol c._tion U4 states that `:approximately three years ago the EPA did a removal and cleanup at the site. Approximately two years ago the city demolished-and removed.most buildings at' the site." The estimates you gait should be up to date. There have been many changzs at the site since >>e date listed on your estimate. _��....�_t3 y,,•v..;:e.73;c+u z1-i i-"- az:crm=v3 caLl=-a?;o LDA 5-14 M3;. OE?an the Wodd Wide Web: j',.ttp:/Ar.jix..magnateate.ma.us/dep Rini`ed nec�cied? er RTN 3-0016788,RF1,March 27,2001 Page 2 Proposals for the Next Required.Acdon are an integral component of the Application. .To get.a..current - . Licensed Site Professional (LSP) list call The Board of Registration for hazardous Waste Site Cleanup Professionals at(617)556-1091. Section H. 1-1iMa of Efforts to Remedy Financial Inabilitv: Enclosed you will find information on the State's Brownfields Program. Please call the Departments Brownfields contact,Ms. Catherine Finneran at(617) 556-1138, to discuss Brownfields in relation to-your- site. Include in your response to the Department details of what you have done relating to.the Brownfields Program. Financial Inability Status is not granted until:the Department has received and- evaluated a complete application,making a determination in agreement with your assertion. At the conclusion of the-evaluation process,you will receive formal notification from the Department regarding the results of the review,rights . and responsibilities, and timelines for re-application if appropriate. Until your.complete application is submitted and such a determination is made, Salem Realty, L.L.C. remains_-responsible for conducting --- - - response actions pursuant to the MCP,and maybe subject to enforcement actions for failure to-do-so.- _........... :: ...... ... Should you have.any questions regarding the application process or required documentation,please feel free to contact Mr. Jordan Ratner, F1 Program Coordinator, at (617) 292-5516. Your supplemental documentation should be forward to Mr. Ratner's attention at the following address: Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup, 1 Winter Street,7th Floor, Boston.MA 02108. Thank you. Sin ely Robert P_ ala , Cvst Recovery ees Revenue Section DEP.Brownfi ds Division of T ical Financial Support Bureau of Waste Site Cleanup,.Boston . cc: Regional Office—Richard Chalpin,.Amy Brewer,Gail McCarthy,Esquire BWSC File 1 Massachusetts Department Of Environmental Peotectp:on BWWSC-101 Bureau of Waste Site Cleanup RELEASE. LOG FORM Release Tracking Number A: LOG'NFOR-MATION: Log Date- TYPE OF CALL(check ones DISPOSITION OF CALL check the one most applicable d C — pp tspasition below): �, Release or TOR F eg ne of:tm two following options,.assign a Release Log Time: �, -. umber t"Thl)in the spate provided above: Com laint q ryP !r ui Reportable Release or Threat of Release Check CALLER(check one): Release or Threat of Release Less Than Re A�1 Pitt PRF Reporting Threshold Select one of the two following options only if an is Safety Official RTN was previously assigned: �ChOrm e) of ormon . Other Government Reuse Notification Retraction(w BWSGiti3 only) Citizen inifal Office L- W a 21E Release Anonymous Boston If se any cptit:below,do not assign an RTN: LSP or PRP Agent LE7] Amended QOther Person:_ Release or Threat of Release Exempt from Reporting Requirements (r#referred) Reporting:Person: �.Cj f3'! .erort Referred to Other Agency or Division — Telepi�c ne: ! R. erred.To: — - -- -- -- — - ---- -- Organization:. ,# �(��f g � - — �- � No Action Taken B. RELEASE OR THREAT OF RELEASE LOCATION: Street: ` O 2 RS -- Location Aid: City/Town: - Adequately Regulated Status: Fee Status: Type of Location(check all that apply}: Commercial' Industrial. ; �i Residential School Muni " State _... . Federal G Right of Way Roadway Water.Body F Open Space Other. Release Tracking Number of Associated.Transition or T:!er Classif:,ed Site,if any. .C. RELEASE OR THREAT OF RELEA- S�_�TOR)INFORMATION: _ - 'Notmcation Date,if dffi`erent from log date: "One Year"Status Date,if not one year after notification date: Date and time reporting person obtained knowledge of the Release or TOR. Date: /VTime: lb /ram r--� PM IF KNOtI N,record date and time Release or TOR occurred. Date: Time, i� ^"' j_ J - -- Check all conditions that applyto the-Release-or Threat of Release: PM 2 HOUF SPORTING CONDITIONS 72 HOUR REPORTING CONDITIONS 1.20 DAY REPORTING CONDITIONS d4den Release Subsurface NAPL=or>1/2 Inch Release of HIVI s to Soil or Groundwater>❑ ( ) dwater RC(s) Threat of Sudden Release �� UST Release C Release of Oil to Soil>RC(s)and Affecting>2 G lath Sheen on Surface Water Cubic Yards . �J- P.sas imminent Hazard U i meat ofi UST Release I� Release of flit io Groundwater>RC(s)uld rose Imminent Hazard E i �b urface NAPL=or>1/3 inch and<1f2 .I Release to Groundwater near Wet L_I U Release Detected in Private!rile!! Supply. j �`�'.hec k here-if Subssar;tial Release�iigr tior� I Releaseto Stcn Drain Release to Groundwater near axs2s�n connection with 120 Day keporting u Sanitary Sewer Release School or Residence Conditions (Imminent Hazard Only) Source of Release or TOR(check all that a lv): : UST t_J Pi "r3ose' e `� ,^S f i' " I;ra;; , nsr ,r J mat Tanker Track Vehicle i Unknown Other Slier SECTION u CON-nNUED Revises 7i;cif95 Srapprs des 3-677.�1.B'r�i.df'? Page 1 of 0+?.Not Ag#?r Massachusetts Department of Environmental Protection BWSC-101 * Bureau of Waste Site Manup Release Trac it g Numbe RELEASE LOG FORM. nn_ C. RELEASE OR THREAT OF RELEASE(TOR)INFORMATION: (co"nued) Type of Release or TOR(cheat all that apply): Leak Spill Rupture Imo' Dumping :Tank Removal Ovefil Vehicle A;rident Test Failure Fire Threat Only C Unknown Other Specify:l�U Identify Media and Receptors Affe--•ed, (check all that apply) Air Groundwater � '— G Surface Water Fr�iments Soil J� Wetlands �' Storm Drain Paved Surface Private Wefi Public Water Supply J Zone 2 C Residena School F-1 Unknown Other" specify: O or[lei Released O HM CAS# Amount or Units Reportable Concentrations (check on--;,-- ("i n f known) Concentration Exceeded,.if Applicable ojV .• - - r d - - Des=Vtion of Release or Threat of Release: D. PRP INFORMATION: Unknown P PRP Performing Response Actions r-] Check here ifadditional involved parties are listed on an RLFA. C PRP Unwilling or Unable to Perform Response Actions. Who is?� DEP Other Person Who: C f'A AQ,.uda- pqe��g, �— :Uarze of PRP Oryaraza5cn: , Name of PRP Contak1- JV .t ?�C/��r7;��- -- — - Tide: ? Street 13 r�� [.C- � ' Check here if this PRP received a field NOR. City/Town: _ V r- /��- _ _ State; -C 7 . . ZIP Code: 6 TeJe- e E. CONTRACTOR: - - Contractor Name: h1 Telephone: Ext.: Name of Contact _ Check here if this is a.State Contractor. G F..L.S.P: LSP Name: _ 6 �f- LSP Number_ Telephone: _ .Ext: FAX G..MCP RESPONSE ACTIONS: (check any that apply) (— IRA Assessrr enf Only i! IRA Oral Plan Approved' y IRA Orai Plan Denied Oral RArail Plan Approved' Oral RAM Plan.,Denied Notice of Intent to Condwa a DRAM Bate of Action, if difre:.nt from Log Date: Provide details of approved plans on an RLFA. r� . '. Check here if soil was removed from the site np'or to notification. Check here If the soil was removed as part of an UST closure. I O::antfij of soE previously removed and destination: _. t9. Di=P.aSIGNMEfdT: r FiAIr.Sutr±3rital Requested: (� No4 Yes From"JWo: eJ?Jrh NO� J12 PrepaI " Regional Use: p- i4�8 i;`fit t f �1=,-". ev'S ?ye� S: �i Siaff Lead Asslr,ed i;di3f=rat frorn Preparzr): = Check here f Release or TOR is.._�'J 3sapiv'?$ JosFf33,i??SWSr--01 Bureau of Waste site Cleanup' Rrsic=a Tromp NU IMMEDIATE RESPONSE-ACTION (IRA� TRANSMITTAL FORA 1umrmt to 310 CMR 40.0424-40.0427 (Subpart D) A- RELEASE OR THREAT OF RELEASE LOCATION: Rem :(opficnoo FL ciiyrre:an .� J ZIP Csde: 0 Chsc*herd If a T'er CWMT=Bbm Subs ftel to s I:eeri proWdsd:to DEP fer this Rs Try NLrrnber. Ctaedc Caen if Cgs Boca rn Is Ate¢Reg d,pwww t to 310 CMR 40.0110-0174. SpCifj+Prime: CERCLA ❑ HSWA C4=cWa Alien Q -SaW Waste Lwwomwit Q RCRA Stole PW=(21 C Facilities. Rued Rebeaw TrackkV Nut&m The-This IRA Adds== - _3 -" /,,6 / d S.THIS FORM IS BEING USED TO: (&wfc:dl that age 5r#xrit an IRA Plan( S A,S.C,D,E,H.t,J and IQ. Chink hem YOU IRA-Phn is anLpdab crumdftelien d a P aped-ylrr>fhen i Nov- Q rrJt ara IRA (ccrsa�beera=S A.8,C,E,.H..t,J ird IQ. :- �=,'i t�1 ' S a RTHF_Aix. Q. SubrrA a Request to T /le&n Syd=ardP ar Tom.a Cog z tO Nan L°twwd(=Oft Sect A.8,C.C,E.H.i,J and a Z Utrfa An IRA ( Sact1ass A.B.C.D.E,G,H..1.J mmrad IQ. You marsh attach an=*Pmftv nxpdmd for each um of Conn kw2cata irl Wxkxfing at 41"L09t 11 cbc§s and Ndk"to Public Oi'fiefaft ngtwW by 310 CUR 40.l400. C. RELEASE OR:THREAT OF.RELEASE CONDITIONS THAT W AIT IRA. drnd Recepirm Aft (&ack atl.ttat apw ❑ As El Gwowmiar Q Surface Waw 0 sea ❑ Wet+and ❑ ;Dram ' ❑ Paved S mum ❑ Pwft We ❑ Pam Water Sq4w M Zone 2 ❑ R ❑ llraiatown [ Ottrer - - C®raditions That ReqUiv.IRA,Pumxvt to 310 C1MR 40.0412 (aaeas Y ttaaf apW 2 i =Rapes C: ',(s) Q 721 ReparWq. a(ra) saxwoui Release.KVabon . . ❑ oew C 9(i) Doncdw -) U j'? ' Warlify Ole grad Hazwd@m LftborhAs Rekmmd: (die*•al-that � s Chi+ H�iv Spew. L i D. DESCRIPTION OF RESPONSE ACT M48: ( fc d ttaat ate)Asmwnerd arm Orally of Abowborl zr C-eftWomt Ltftemb J 1, T IDt:� s i,•F y Rom, y or T _..._.._ -_ QR 1 Is �- =, i vi 0 On 0 Off� �Vol.: LJ Sol V #., ,3 �'� '� 0. 54we G on (D off aft Es.vcL: ' _-_cue C'j Pry imr i� PL R_ Q Lwldm 0 cow �j ! T Rwrww of Dnm.Tanig ci cwtabumAir SpwpV o,0 a: 3 sY9 S c^r ''y .h.- s r it �' - ;fs' - -f ��. I i d f•� ,' ate_ ?='a i s5'� a�f:� 7-ry - •.. 7�gay--F dw.7tmne, :8MA-M-".,G :'Ifs' rf4?1 Ar-, i_74'3 Massachusetti epartment of Environmental Prr. :lion i3 SC-10v Bureau of Wad Site Cleanup Ram Trackk Number IMMEDIATE RESPONSE ACTION (!RA) -w�--I- 'TRANSMITTAL FORM Purstard to 310 CIR 40.0424-40.0427(Subpart D) Y10.-D R9PT1flN OF RESPONSE ACTION S(continued): -- RRWMW of Other Cord Meda . ❑ Twp=q Evmzbw or Retocafim of Residerb TYPO"Vchx= ��2-L i�' A �. � �. � '� � ❑ Ferxary grad Sign 9 Other Rye Aar 13 :1C �a ❑ Check tam d Itas IRA awm the Lw d lra wvz&n T-1-4',t (DEPisidat in using Ihis hifonvolia to aid in awftv an IraetoaFoM T )• Deembe E. TRANSPORT OF REMEDIATION WASTE. (d Rernedisom Waste has been out to an off-aftes facility,anwoor the foi owirV ) MameofF TiC� i.7 A'# �'"a• - fCC:n3 - Town ar>d.Saah: 4 o 22 �,��z �._ �f�-'o r�i�.��' errs , Auwtity of Rrmedation WwW Transperlwd to Dffie F. IMMINENT*HAZARD t:V/ALUAT ION SUIF MARY: (eteeetc one cd'ttte _.- .._. _....-.._ .. ..........LIPM ... art aDre bratei r2 Hward sdsts in araieaiiat-w-Kti tb Rye er T hred of Re ❑ Band>pon an a mkia6.an Inmnh=d FA= dcm not eodst In wth ttas Release or Ti mot.of Rom. ❑ Band upon an rmkaabM t is ss4cta m whether ara ftm,&$terat Haezud exude km rrRcbm wth tt"Rekese or Threat of Rom.and f>xOw assaawnert ate wS be tarxlerlaSaaa. ❑ _rased upon an evAuMM t Is unknown whether an Irrimbent Hazwd wda#s an octinacbm w9h 2ft Rebtaase or Thred of Rye. How, ramie actiaa F+mm C, IRA COMPLETION STATEMENT: ❑ Check two If ht"amWm acWns addrassM On Release or Tiered of Release w8 be acted as part of dw Response p � for a Sft aar,Ines stray fawn Tree Clasaffied under a difiermA Rem Tradwq NLTaber,or a Su rat Is k,a ifffl i I=f T.-x= m i described In 310 CMR 40.O=(.e.,a Trara&=Site,which inch Slas with approved Waivers). These adaicrtal rye ate.retest tothe!d %eAatfe.Re 7=ck1r?g_.(Vwnbe ._ALA. a ID R Tradit Number(I•a.,Site ID Motu)of Tbar Mora fied Sft er'Tra,41tien.Ste: if any RemedLabon Wade w®be stared,trteate4 imartaged,mcyded or mesad at the sft ka"Ing agbmissim of the!RA Ccrnpktkm Stilterrae11.You rraust submit anther a Rsteasa AbatenwA Measure(RAM)Plan or a Phase IV Iterneolyr Kvi,Wong wilfii the appropriate tra nwWOtat to no,as an at' to the M Gorr f StatzrnenL H. L.SP OPINION: 4 I atteA as KW ttcs p W WAIMof per)ary ftW I h ev a pers=01 and.ant 1=11ar ws}h this trarasrriftaI fam,hckKWV arry and d documxata acownpanft hums 3&dxfuWL In my Pmfe al ft-AMOTOwdtad upon app al of(I)tt-.a stm d care in 3C9 CMR 4.02(i),n the applicable provWgons of 309 CMR 4.0=and(3),and.n the provinkne of 309 CMR 4.M(B),to the bast of my knowiedge. ir>f�rt>adort and betted, • jr Samoa;B of W3 1rm iaoa an Aura PAw is babV subnsftd,the msporm ems)ttt a(am)the=bpd et #a=&mftw 0)tags( )been drAdqxd in acccrdarm with the awe provskm of Iiatis:L_p.2t a aw 310 CaMR 40.I ,n is(are) appropnab 2nd ram=aM bD accompliah ttv PUMCSnr d sUCh maponse ads)as ad forth in the pmvW"of h&G.L.c.21 E and 310 CMR 40.0000=4 n sa;srpism sM w1h ttte idenfifaed Pmviom d all order.Fame,ate.WxMis klu=md in Vft 31"021; YSecoon 8 of Un tacit bdcgw tat iM kw4md Hazard Eyakingba a being-wbn&od;Vas Iris Hazard Evalueb n Ym In accordance with ills appboade pivamns a?&LG.L c.21E area 31#t CMR 40.0=,aa'd A ) to s 3 't; E tit ttae �d�O.L.c.24.E ad 310 CNR.�.I ; ofVtS Utff&W ()*(ats) in w=dwm with the app5cable pnvhskxn of KG.L c.21 E and 310 CHAR 40.0=.(5)its(an) a;P=prt21e Lnd lessanue -of vxh rtsporm aka)@%se fort in trA sppWable pwositru of A&G-L c.21 E mr4 310 cMpa 40.r�43' i>) wM pruvamm of all wders.Imo,OrA approw4ft kmffmd m Um aftyft& jJ if ora b%ftafts"t an Action Catupkdon SWwwamrora Requ4W ft Tenrdrift an y Taradbas a Cmgbm&V Re speri to Aar)Tail to A era Hawd z bMV r W r s) area 310 CMIR 40. .(9)is(are)appWkft and to marsh the pzpcm. s d ads)as eat 1 �n Ifla . L 21 E 310 CMR 40.0=aM(My .T)=11 thA - A d a3 ardwm>. :ft,- apmmVIS - - Dui 1 Y • l 1 u� 15:50 FAX lad 0t . .. .. .... .... b +' °► 1 say _w.._ws_V..._.. � . a.. .�..__.�_..__.....: .s-. .._. .._ ...�r..._._._.re.r.. ._: r -.�rc..r - lY3■� --_.a._.....s.�...:twrm _.... e �� Lepartment every s?x mr thereafter,- .--i such time as a,. l:c:mediate. Response Action Q6ml._e.ti on Report or RAO is submitted to DEP. Violation: Neither 'Qii .IRA Status Report, IRAC or .RAO. has been sa .fitted to DEP as of this date. ACT IONS) TO BE TAKEN .TO RRTuRM .TO ACTION(S) CO IPZ,IANCg:ARTD 33EADLII IS) . FORSLCti In order to return to com li_ance w 1 p with the.Massa.chusetts Contingency Plan: Submit a .P,elease Notification Form for the subject release to.DEP twenty-one (21) days as soon as possible biit no later than- after receive this Notice.. (form. attached) you ®. If response actions .have.been completed such. that a condition-of "no significant risk" has beerl achieved pursuant_ to the MCP. {see .310 CMR` ' 4:0.0900) , . sizbmt a' Response Action Outcome Statement - (see 310 CMR 40.1000) .-to DEP as soon as possible but no, later than. twenty-one - .(21) days. after you_.receive this Notice-- a If Immediate Response-Actions have -been completed but additional response: actions, ... are---.:'required.-to achieve. . a: condition of . ,no significant risk"; submit arx Immediate Response Action 'Comple.tion Statement -(see 3:1.0- CMR .40'. 0427.) to DEP .:as soon as possible but no later than twenty, - (21) days after_ you receive this Notice. ® Lf Immediate_Response.Actions have not been.initiated, completed or are- ongoing, submit. I.mmediate .Res Response Action Plan (see: 310 CMR a . . - p_ _ .:...,� _0.42a)__and: an 7RPs.:Status deport- -(see 3'10"'AMR 4"M for the subject release :as soon as possible but no later than twenty-one (21) days after; you receive. this Notice. you met_ employ or. engage a- Licensed Site Professional (I,SP) to - �-age, supervise- or actuaIly perform the response adtions rewired in this Notice. You may obtain a list of the names and addresses of these licensed professionals, froIl. the Board of Registration of Hazardous Waste Site Cleanup.Professionals at :(617) 556-1145.. Be advised that, if within one year of the date you notified DEP.of this : release, or the date: the - Department issued a Notice of Responsibility for this: release to you, whichever is .sooner, you fail to provide the Department with the__. .nformatLon._..tha:t-_.shows—that- response'--"-'--- - ~ actions at s site have been completed.in .accordance with the MCP ,.'(or: .- _. . you ;fa21 ao submit -a Downgradieht Property Status (see.310 CMR 40. 0180) or Tier Classification ;S.ubmittal [see 310 CMR a0.0500j- .shouid additional response. actions be required)., the subject site will--be. categorically classified as a. Tier IB. Disposal. Site and you, may be assessed a Tier IB. Anrtuel Compliance .fee of .$2, 60-0 for the first year and every subsequent year this .case remains unresolved.. � O IONWE IH OF i��ASSACH'.° EXEcuTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT- OF Lrl\V3i1i1Ii1Tii:17TAL 11'LO3 GLO17 I J POLITAN BOSTON-NORTHEAST_ REGIONAL OFFICE IvIETBO L- ARGEO PAUL CELLUCCI TRUDY C( Governor Secret DAV ID B. STRE Commissio Salem Realty,- -t?,C 66 Old Buie kill Road OCT 0 81998 Durham, CT 06422 Attn: Ms.. Jan Exman RE : Salem_, 70=92 Bostcn Street; RTN 3=I6.768 NON Number:_ NON-NE-98-3EO46. NOTICE. OF NONCOMPLIANCE T'NiS IS AN IMPORTANT:NOTI.CE. FAILURE To TAKE.ADEQUATR ACTION IN RESPONSE = % TO THIS NOTICE COULD RESULT IN SERIOUS LEGAL, CONSEQUENCES. . The Department's -records indicate that you are a "Potentially Responsible Party" (PRP`). for a release of oil and/or hazardous materials that occurred at the subject site., This notice is provided to inform you -.that you. are .no.t- in compliance with the Massachusetts Contingency -Plan (the MCP) ,, 31-0 .CMR 4.0.4000. Th6 has -no rocord of your conducting and/or. :completing the response actions required by the MCP to. address this .releas,e.. ..In order for you to .return to compliance, provide DEP with the information described in .this Notice by the applicable : deadt�ine (s . - a sstratiV6 penalty=" "15e assesB d "fol-every dam from. now on that,.-you are in noncompliance. Notwithstanding this Notice of .Noncompliance; the Department res-erves. the right to exercise the full extent of its legal authority in order to obtain ful'+_ .compliance with all applicable requirements; including, but not limited to, criminal prosecution, civil . action including court-imposed civil penalties 'or. administrative penalties t assessed by the Department.. If you have .any '.questions about this. matter, please contact me at (9778) 661-7701. Richard J. qyalpin, Re A oval Engineer CC: Data E:ntrY a L•1-We7I Ir s. 3.$ x 01.8$" a FAX '8) b6I-76A' 0 Wephme (978) 661-760 0 TDIP.4(I. I7r OF I ITY; i i =COMPLIANCE: Salem Realty LLC LOCATION wHERE NONcOMPLIA 7CE_OCCURRED OR WAS OBSERVED: ) 70-92 Boston Street, Salem / DATE WHEN NONCOMPLIANCE OCCURRED OR.3S OBSERVED: .July 13, 1998 -* Release Notification Form (RNF) due July 13, 1998 - . Immediate Response Action- (IRA) Plan due September 13, 1998 - Immediate .Response Status Report due Lt;sCRIPTI©N OF THE REQUIREMENTS NOT COMPLIED WITH: Sections 40. 0333 and 40.033.6 of .th-e .MCP state in part that a completed Release Notification Form •(RNF) or, if appropriate-, a Response Action outcome Statement- (,RAO) shall be. submitted .to the DEP office in the region. in which a 'releaae_of-oil and/or hazardous _...-- -- material _occurred by the- earliest. of ..the -following. dates: .- __..__.._.___(a.�—within _suety_-(5;0, -: o:f:--y-our.,._notifyin _:DE.P_.-of..:the ...subject-------- release condition-;: or (b) within sixty (.60) .days of your receipt of a Notice of Responsibility (NOR) . from the Department for the subject release condition. Violation: Neither an RNF or -RAO has .been submitted to DEP -as of this date. Section . 310 CMR 40.0420 of the .MCP states in part that, persons conducting Immediate Response' Actions shall sub it DEP... an Immediate I Res onse Action Plan (IRA Plan) within the r `. p e earliest o3. the. 1 following time periods: - - ' fa) within 60 days of p.roviding'o.ral notification of those 112 hour" and 072 hour" releases or threats of release specified; in- 310-C� 4 v r._ . .._ - _0':'0319 anti-aO:L�314',' {b} within 60 days of orally communicating to DEP knowledge of a condition of Substantial_Release.Migration at a disposal site;. (c) within 60 days of the .date the DEP .issues a --Notice of Responsibility indicating that such persons are. a Responsible Party (RP) or Potentially kesponsible Party (PRP).:. or .a site. .. at which an' IRA is required; or (d) within a time period established by DEP as . an Interim Deadline in accordance. with 310 C.MR 40.0167. . An IRA P`la_n is required within such timeframes unless :an T - ediate Response. Action Completion Report or' Response Action- Outcome Statement has been submnittgd to D P.by the due date of an 1R 'Plan. Violation.- Neither an IRA Pl.axi, .3RA Completion Report or RAO has been submitted to DEP as of this date. Section 3.1 CMR 40. 0425 (1)' of the MCP states that an Immediate Re.spOrsse 7icti0n -Status Report must .be submitted to the DEP with-,_ 1 2'0 C 1e�=d � days G' the date a PRP first co-m:i:alcates the need to perform an Immediate_Response Action at a site, unless an IT+IReLii?t? ResponseActi o?i COMPPIeti`T, Rebo v: {!RA or a Response Act- on Person ;within this .120 day Following submission of .the first such atus . Report, . -additional `Status Reports shall be sub�nittee -.-.Le Department every' six m , � o time as az. Im*!1ediate Response Act?on C mp Letion Report or reaf ter, 1RAOsuch. is submitted to DEP. Violation:. Neither an IRA Status Report., IRAC or RAO has been Submitted to DEP as of this date. ACT ION(s) TO BE TAKEN TO RETURN TO COMPL IANCE _MD DEADLINE(S) FOR SUCH ACTT ON(S) : In order to return. to compliance with the Massachusetts Contingency.Plan: Submit a Release Notification. Form for the subject release to -DEP as soon as-possible but.no later that_ twenty-one (21) days after you receive this Notice (form attached) . If response actions have been completed such that a condition of "no significant risk" has been achdevea pursuant to the MCP (see 310 CMR 40..09(70) , submit a Response .Action Outcome Statement (see 310 CMR 40.1000) to DEP as' soon as possible .but no later than twenty-one (21) days after you receive this Notice. -�----- If__.Tmmec3i�at�...-.a .. .. __. .. P. sponse-.Act-:ions.--ha,�e_been-completed but_..sdditionaT response actions are -required . to achieve a condition of "no significant risk", submit an Immediate :Response.Action Completion Statement .(see 310 CMR 4.0.-0427.) to DEP as soon as possible but. later than twenty-one (21) days after you re ce no ive this Notice. s If Immediate Response Actions have not been initiated, completed or are ongoing, submit an Immediate Response Action Plan (see 310 CMR 40 CMR 40. 0425)sub for the ject relz3se as soon as but .rio -later than twenty-one (21) days- after you receive .this Noti de. You must employ or engage a Licensed Site Professional manage, supervise or actuall erform. A SP) In .,_: .... _. __. _... _y _ _.. . _. -response: acti.ME—raquired in.. ._. 19z�t"ice--' ©u y obtain a l.isat of.the names and addresses of these _,._ :. . l cens.ed Professionals fry the Board of Registration of Hazardous waste Site-'Cleanup Professionals .at (517) 556-1145. Be advised that, .if within one year of the date you notified DEP of this release, or . the. date the- Department issued -a. Notice of Responsibility for this rel�nse to you,. whichever is soon e_ r; .you fail to Provide the Department with the information that .shows that response actions at this site have been completed in aecordance with the MCP.Yod fain to submit a Downgradier_t'Pro Property (:or or Tier Classification Submittal p� (s 3i0 CMR .40. 0180] response actions [see 310 CMR. 40, 05001 should additional tions be required) , the subject site will be categorically classified as a iier 1S D?sposal-Site and you may be assessed a Tier IP Annual. Comp'_-an f 0ce fee - $2,:5t30 =or the rirst year and every subsequent Yea-r .this case remains unresolved: j�`�� SALEM IDEA LTY,LLC 66 Old Blue Hilts Road Durham, CT 06422 (860) 349-1940 -December 1, 1998 , Richard J_ Chalpin, Regional Engineer Department of Environmental Protection 205a Lowell Street Willmington,Massachusetts 01087 Dear Mr. Chalpin. - - -. - - -- recently received a-notice of noncompliauee-with regard-to-70=92 Boston Street*Salem.--- - = - I.have enclosed a copy of this notice for your reference, Since I am not-aware of a spill or release please.be more specific about what this notice is.referring to. I can be contacted at the above address or phone number. Thank,you. Yours truly, Jan Exman "-OMMONWEALTH OF 1 ASSACHUS,d._S ExEcuuw. OFFICE OF ENVIRONMENTAL AFFAIRS DEPART11EN I' OF ENVIRONAIENTAL PROTFCTION METROPOLITAN BOSTON-NORTHEAST REGIONAL OMCF CELLUCCI TmUDY CO) Secretes DAVID B.-STRUH Commission Salem- Realty, LLC 66 Old Blue Hill . Road OCT ® �g�$ Durham, . CT . 06422 Attu: Ms. Jan Exman RE: Sale=., 70-92 Boston Street, RTN. 3 16°78S NON Number: 'NON-NE-98-3E046. O LIANCE THIS Is AN IMPORTANT.NOTICE. FAILURK TO TAKE ADEQUATE ACTION IN RESPONSE : , TO THIS NOTICE COULD RESULT .IN .EERIOUS LEGAL CONSEQUENCES. The . Department's records indicate that you are a "Potentially Responsible Party" .(PRP) for a release of .oil and/or hazardous materials that occurred. at the :subject site. This notice- is provided.to inform you that you..are not in compliance with the Massachusetts Contingency-- Plan (the MCP) , -310 CMP 40..0000. The Department has no record of your conducting and_/or completing the .response actions required by the MCP to address this.. release.. In order for you, to return to compliance, provide r .. DEP with the information describtdw.in _this- 1`1Qtice :bg_.the -: licahle-..._ _L:d�atl`i�iiie�'s):. .=Azi ad�taanfstrative penalty,a¢na�r be assessed for every day from now .om that you are in noncompliance. Notwithstanding . this Notice of Noncompliance, the Department reserves the .right to exercise the .full extent of its legal authority in order to ... obtain. full compliance with . all applicable requirements, including,. .but. not .. lim ted to,- .criminal .,prosecution. . civil action• including court-imposed .:civil penalties, . or administrative penalties assessed by the Department. If you. have .any questions about this matter, please contact 'me at (978) 661-7701 . Richard J.. 1pin, Re oral Engineer CC: Data Entry File FAX (973) 663?6Ic ® T� s� ;ma's 661-7 TDD# ),%1-74570 COMMONWEALTH OF MASSA f[,;;dTTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS a DEPARTMENT OF ENVIRONMENTAL PROTECTION Northeast Regional Office,205A Lowell Street, Wilmington, MA 01887 ARGEO PAUL CELLUCCI BOB DURAND- Governor Secretary JANE SWIFT EDWARD KUNCE Lieutenant Governor Acting Commissioner SALEM REALTY LLC -66 OLD BLUE HILL RD DURHAM,CT 06422-0006 Attn: JAN EXMAN April 6, 1999- SALEM 70-92 BOSTON ST RE: 316 CMR 40.0000,Notice of Due Date for Tier Classification Submittal. Dear JAN EX LAN, On 05/13/1998 the Department of Environmental..Protection (DEP) was notified of a release or threat of �"� ` eYe e f Haz rdou5 Mqteri,�t ar`70=92-BOS`T(3N-ST; SAI E - This release constitutes-xT'W444R-release �- condition pursuant to 310 CMR 40.0000, the Massachusetts Contingency Plan (MCP), and Chapter.21E of the Massachusetts General Lays. The purpose of this.letter,is to remind you that the one year period, following the date of notification, for you to submit either a Response Action Outcome'(RAOj.Statement, a Downgradient Property Status Submittal or a Tier Classification.Submittal is about to expi re. .Tbis letter describes the significance of this deadlih so that.you can take appropriate action:to minimize.your cleanup costs,maintain compliance with the MCP, and avoid possible_ DEP enforcement action for failing to submit an RAO Statement, a Downgradient Property Status Submittal or a Tier Classification Submittal to DEP. PLEASE BE ADVISED that, as of the date of this letter, DEP has not received either a RAA O Statement, a Do-whp adient Property Status Submittal or a Tie}ram Classification Submittal for the above listed site. The one year period fo-r submitting c-_Jf ihPse docurr!ents will expire or-05/13/1999, The-MCP requires,.among a ter provisions, that a locations affe;ti,.d by a- rvlease � . y., the sit-.) .mez:t d;IP of the following milestones within one year of notification: Piifited on Recycled Paper April 6, 1999 'Page 2 Conditions at the site meet the requirements of a-Response Action Outcome, and an RAO Statement and supporting documentation are submitted to the appropriate regional office. If you submit an RAO Statement more than 120.days after the date of notification and prior to Tier Classification, you must also pay DEP an RAO Compliance Fee of$750.00;or m A Downgradient Property Status is established for the site,and a Downgradient Property Status Transmittal Form and supporting documentation are submitted to the appropriate regional office. You must also pay DEP a Downgradient Property Status Compliance Fee of$1000.00; or The site is Tier Classified as either a Tier I or Tier II site,and a Tier Classification Transmittal Form and_supporting documentation are submitted to the appropriate regional office. For Tier I sites,-you must also include a Tier I Initial Permit Application and pay a Permit Application Fee of$3,550; Tier II sites do not require a Permit and do 'not pay a.Permit Application Fee. -If a site is Tier Classified within one year of notification,-the DEP will riot assess an'Annual Compliance-Fee for - - the first year-.-- After-Tier-Classif cation;.Comprehensive-Response Actions must-then-be-undertaken -to assess and clean up that site. Please 'note that if you fail to submit_either`an RAO Statement,.a Downgradient Property Status Submittal or a Tier Classification Submittal to.DEP by 05f13%1999, the above referenced site will be categorically classified as a Tier 1B Disposal Site and,if not otherwise exempt, you will be assessed a Tier.113 Annual Compliance Fee for the first year,for response actions which you carried out. 1 Licensed Site Professional (LSP): , -. --.-.,.,., order..ta.olean.upandAgr..address-a rel@aseor eat arelease;tl servi rof sensed Sita Professional -n- - (LSP)are required_ LSPs are professionals licensed by the Commonwealth of Massachusetts toissue Waste Site Cleanup Activity Opinions in connection with response actions at sites. The MCP requires the preparation of one or more Waste Site Cleanup Activity Opinions for every release_ reported to DEP. For a List of LSP names please contact the Board of Registration at(617)556-1145.- You and your Licensed Site Professional (LSP) may.obtain copies of all DEP forms and applications by contacting your regional service center at (978) 661-7677 or 7678. You may.direct other questions concerning this letter.to-Lauren Bell at(978)661-1704. }Very truly yours, Y ,�LTaurell Mackay,Deputy Regional Director r o theaSi egiG7181 Office i .^i_te i. 6;3t_ji r l 1yr1st 03/10/99 -,)MMONWEALTH OF MASSACHTi ,i-l'TTS s EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION t Metropolitan Boston—Northeast Regional Office Y ARGEO PAUL CELLUCCI BOB DUR Governor Secre JANE SWIFT LAUREN A.I Lieutenant Govemor Commissii Mr. Jan Exinan October 16,2000 Salem Realty LLC 66 Old Blue Hills Road Durham, CT-06422. RE: Salem,Flynntan Building; 70-92 Boston Street, RTN 346788;NON-NE-00-3A118 Dear Mk_Exman--. DEP'.s records indicate that Salem Realty LLC/Jan Exinan(hereinafter referred to as"you"or "your')is a Potentially Responsible Party(PRP)for the site named above. As you are aware, DEP issued allotice of Responsibility(NOR)to you dated December 1, 1998. The NOR - .advised you of your legal responsibilities under M.G.L. c.2IE and the Massachusetts Contingency Plan, 310 CMR 40.0000, for assessing and/or remediating environmental contamination resulting from releases of oil and/or hazardous materials at the subject site. This Notice was sent to you in conjunction with efforts by the United.States Environmental Protection Agency(EPA)to get you to:remove chemicals and other contaminated material from abandoned buildings at the site: In light of your inability or refusal to conduct the response actions required by DEP and EPA at- the time,EPA spent over$200,000 conducting remedial actions at the site. EPA removed corrosive and flammable liquids, sludge contaminated with heavy metals, hazardous liquids located in pits and floor trenches, hazardous tannery solids from floors and trenches,piles of scrap leather left outdoors, some lead and chromium contaminated soil outside of the building, heavy metal and PCB conta ninated wood; debris and floor sweepings and small PCB electrical components and PCB.oils.::EPA's records indicate that heavy metal and PCB contamnated soils remain on the site and require additional remedial actions. Subsequent to this effort,:DEP issued a Notice of Noncompliance(NON)to you dated October 8, 1999 in which you were cited for failing to conduct response actions to.address the remaining environmental contamination at the site. In a letter dated December 1, 1999, you stated that you were not aware of any spill-or release at the site. In light of these events and the.site's history involving releases of oil and/or hazardous materials, this NON is hereby issiled to you to inform you that you 'are remain out of-compliance vrith the Massa;husetis Contingency PIan.Qr/1CP), 310 CI ,40.0000.An Ad 4stratly-1 F€nalsy may be.assessed for every day from now,on' that you remain in noncompliance. As of the date of this NOT,1.;:ou are nvt 3n compliance vvith each revelation checked belfl v: This in ormation is available in alternate iormt by calling our AD A Coorrnator at(617.574-68r2. d.... L owe.,S_ Hln:.:..inyicr:,8JL61 U 18 81 L h 0 n e 978)5E". .$U1: s .F E-,(978r) r_,.. 3 1)4;9,7 6e _ tp Printed on Recycied taper Z 164 883. 720 us-4,tal service OMMONWEALTH OF PJIASSACHUSETTS i4ecelpt for Certified Fftfa No Insurance Coverage Provided. ECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS Do not use for International_Mail(See reverse) - - 1 EPARTNdiYT OF ENVIt20NEiVTAL PROTCT-W-W- serst`to street&Number Aropolitan Boston-Northeast Regional Office Post Office,state Postage d t 7 ' BOB DUF Certified fee Seca c, tri IAUREN A. Special Deliver) y !� t-" ;� cent issj Restricted Derr r '� 4�,. f.0 October 16,2000. Return Receipt N � t i Whom&Date t �7 a Rehm Receipt st Q [We,&Addresse ®. TOTAL Postal .0 M Postmark dr D-_ 8 tg; 70-92 Boston Street,RTN 3-16788;NON-NE-00-3A.118 DEP's records indicate that Salem Realty LLC/Jan Exman(hereinafter referred-to as"you"or "your"}is a Potentially Responsible Party(PRP)for the site named above. As.you are aware, DEP issued a Notice of Responsibility(NOR)to you dated December 1, 1998. The NOR . advised you of your legal responsibilities under M.G.L. c.21E and the Massachusetts Contingency Plan, 310 CMR 40.0000, for assessing and/or remediating environmental contamination resulting from releases of oil and/or hazardous materials at the subject site. This Notice was sent to you in conjunction with efforts by the United States Environmental Protection AgPmicy(EPA)t^ get you to remove chemicals and other contaminated material fiDm�.abandoned buildings at the site: In light of your inability or refusal to conduct the response actions required by DEP and EPA at the time, EPA spent_over$200,000 conducting remedial actions at the site.EPA removed corrosive and flammable liquids, sludge_contaminated with heavy-metals- hazardous liquids located in pits and floor trenches,hazardous tannery solids from floors and trenches,piles of scrap leather left outdoors, some lead and.chronmium contaminated soil outside of the building; _. heavy metal and PCB.contaminated wood;debris and floor sweepings and small PCB electrical components and PCB oils. EPA's records indicate that heavy metal and PCB contaminated'soils remain on the site and require additional remedial actions: t Subsequent to this effort,DEP issued a Notice of Noncompliance(NON)to you dated October 8, 1999 in which you were cited for failing to conduct response actions to address the remaining environmental contamination at the site. In a letter dated December 1, 1999,you stated that you were not aware of any spill or release at the site. a In light of these events and the site's history involving.releases of oil and/or hazardous m.ateriaIs, this.NON is hereby issued to you to inform you that you are remain out of compliance with the Massachusetts Comingency Play(MCP), 3 i v CMR 40.0000. An Administrative Penalty may be assessed for every clay from now on that you, remain in noncompliance. As of they date of his :X_;, you aze not in compHaRce'vbiL3 each regulation Ca:ccked 77..,,Iow'iJ.,3J bY. 1 7his.informadon is available in alternateformaaby calling our ElTA Coordinator at l6iTj 574 o8i3. 205A.I oyell$t. Wilmington,MA O'887 Phone(978,1 661-7600 a l=ax(978)661-7615 a TT_l#1978)$6!-7679 � '9 Orinted rn Ree,-vied oar"r - 0-Vio�auon I. .�ou Dave nog 9dbtj1tted`.ei h6r a Response Action Outcome-fRAD) Statement or - Tier Classification Submittal to DEP within' 1 year of notification that a release of oil and/or hazardous materials occurred at the site named above, as is required in sections 310 CMR 40.0501(3)and 40.0404. Q Violation 2: You have failed to submit a Release Notification Form (RNF), as is required by 310 CMR 40.0333 and 40.0336. H Violation 3: You have failed to submit an Immediate Response Action Plan(IRA Plan), as is required by 310 CMR 40.0420. Q: Violation 4: You-have.failed to submit an Immediate Response Action Status Report, as is required by-310 CMR 40.0425f l)... 'Note: If.the IRA is done, you must submit an IRA Completion Report—see 310.CMR 40.0427. :.-Attachment.1 _contains-an explanation of the regulations you are violating and the actions you must take to return to compliance. T'o, reti in to compliance-and avoid an -A nii istrat. e Penalty, you should follow the instructions on Attachment 1 and submit the information and/or forms necessary to comply with each violation checked within 30 days' of your receipt of this NON. Notwithstanding this NON,DEP reserves the right to exercise the full extent of its legal authority to obtain full compliance with all applicable requirements, including but not limited to, criminal prosecution; civil. action including-court-imposed civil penalties, and administrative penalties issued by DEP.- .,Attachment,2.contains.more:information,abo tt.:why,dais NON wgis issued to you., If-yqu have any questions,contact me at 978-661-7701. , Yours truly, C _ (� Richard J alpin, Regio Engineer CC: Data entry/isle A. Flatzopoulos, United States Environmental Protection Agency, One Congress Street, Suite 1100 R) Boston,,MA 02114-2023, Salem Board of Health C:OMMOMVEALTH OF MASSACHUSEWS a EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS :_-.- - EPART7.',/ ENT*OF ENVLRt3NMENTAL-PROTECTION Metropolitan Boston—Northeast Regional Office Y ARGEO PAUL CELLUCCI BOB DURAP Governor Secrete JANE SWIFT LAUREN A. Li! Lieutenant Governor Commission Mr. Jan Exman October 16, 2000 Salem Realty LLC 66 Old Blue Hills Road Durham, CT 06422 RE:Salem, Flynntan Building; 70-92 Boston Street, RTN 3-16788;NON-NE-00-3A118 lVlr:.Exman: DEP's records indicate that Salem Realty LLC/Jan Exman(hereinafter referred to as "you" or "your")is a Potentially Responsible Parry(PRP) for the site named above. As you are aware, DEP issued a Notice of Responsibility(NOR)to you dated December 1, 1998- The NOR . advised you of your legal responsibilities under M.G.L.c.21E and the Massachusetts Contingency Plan, 310 CMR 40.0000,.for assessing and/or remediating environmental contamination resulting from releases of oil and/or hazardous materials at the subject.site. This Notice was sent to you in conjunction with efforts by the United States Environmental Protection Agency (EPA)to get you to remove chemicals and other con`Larni�-iated ateral from abandoned �. buildings at the site. 7. , In light of your inability or refusal to conduct the response actions required by DEP anal EPA at the time, EPA spent over.$200,000 conducting remedial actions at the site. EPA removed corrosive and flammable liquids,.sludge contaminated with heavy metals, hazardous liquids located in-pits and floor trenches, hazardous tannery solids from floors and trenches,piles of scrap leather left outdoors,-some lead.and chromium.contaminated soil outside of the building, heavy metal and PCB contaminated wood, debris and floor sweepings and small PCB electrical components and PCB oils. EPA's records indicate that heavy metal and PCB contaminated soils remain on the site and require additional remedial actions. Subsequent to this effort, DEP'issued a Notice of Noncompliance (NON).to you dated!October 8, .1999 in which you were cited for failing to conduct response actions to address the remaining PI;z�: � Pntal cnntaml—nation at the.site. In a letter dated Dkeznber 1, 1999, you stated that you were not av,,are of anf spill or release at the site. In light of these events and the site's history involving releases of oil and/or hazardous materials, this NON-is hereby issued to you to inform. you that you are remain-out of compliance with the Massachusetts Contingency Plan(IViCP), 310 CMR140.0000. An Administrative Penalty may be assessed for every day from now on that you remain in noncompliance.. As of the date of I sis TNOla, you are.not m, compuance with each regulation cheCked below: TSi iaforma erg is arxilable it aiterra a focmzt by cn9ing onr ADA Coordinator at(617)574-6o73. 205A torvaii St. 'NL.mington,W 0:8:7 Phone 1,978)eCI-7600 . Fax 1,978)g61-7515 . Trr#1,978)g6t_7579 Q- �oncr- -- ------ - 1 .Violation I:-You-have not-submitted-either,a Res once Action Outcome r. p (RAO)-Stateri�ent o. l . Tier Classification Submittal to DEP'within 1' year of notification that a release of oil and/oi hazardous materials occurred at .the site named above, as is required in sections 310 CMR 40.0501(3) and 40.0404. ® Violation 2: You have failed to submit a Release Notification Form (RNF), as is required by 310 CMR 40.0333 and.40.0336. Q Violation 3: You have failed to submit an Immediate Response Action Plan(IRA Plan), as is required by 310 CMR 40.0420. ✓Q Violation 4: You have failed to submit an immediate Response Action Status Report, as is required: by 310 CMR 40.0425(1).. Note: If the IRA is done, you must submit an IRA Completion Report—see 310 CMR 40.0427.. Attachment 1 contains an explanation of the'-'- - ulations you are violating and the actions you must take_to return'to-compliance: To return to 'e nmpliance and avoid- an Administrative -- Penalty, you should-d follow the instructions on Attachment 1 and submit the information and/or farms necessary. to comply with each violation checked within 30'days of your receipt of this NON. Notwithstanding this NON, DEP reserves the right to exercise the full extent of its legal authority to obtain full compliance with all applicable requirements, including but not limited to, criminal 1 prosecution, civil action -including court-imposed. civil penalties, and administrative penalties 1 issued by DEP. Attachment 2 contains more information about- why.this NON was,issued to you. If�ygu have any questions, contact me at 978-661-7701. Yours truly, Richard J alpin, Region; Engineer CC: Data entry/file A. Ha.izopoulos, United States Environmental Protection. Agency, One Congress Street, Suite 1100 (MR),Boston,MA 021.14-2023 Salem Board of Health. COMMO.�h —ElkLTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS -. DEI'A OF'ENVIRbNMhNTAL PROTECTION LIVONE WINTER STREET, BOSTON, MA 02108 617-292-5500 Y ARGEO PAUL CELLUCCI Governor BOB DURAND Secretary JANE SVVIFT LAUREN A.LISS Lieutenant Governor Commissioner March 27,2001 Mr_Jan Exman Salem Realty,LL.C. 66 Old Blue Hills Road Durham,CF 06422 RTN:3-0016788 Release Addy.70-92 Boston St,Flynn Tan Building Release City:Salem RE:.M.G.L.c.21E; 310 CA1iR 40.0172 Application for Financial Inability Status- Requesz for Additional Information Dear Mr.Exnan: _ . —..Recently4he:Department-of--Envkernnental-Protection-("the=Department') received'.a Financial Ifnbility Application that you prepared. The purpose of this letter is.to inform you that Salem Realty's Financial Inability Application package is incomplete.andler in nerd of clari _ficadonand will not be evaluated until the:information referenced below is provided to the Department The deficiencies are presented in an order corresponding to sections of.the Financial Inability Application Transmittal form,(BWSC- 118). Financial InabilityAre-licatio�:( ?WSC=.118): Section D.Applicant Tax Filing Status and Re wired Documentation: Please submit.proof of Salem Realty's.current L.L.C. status i.e. a copy of the any.material from the Massachusetts Secretary of States Office proving.Salem Realty is currently an L.L.C. in good standing. Section O. LSP Proposed ReF: once.and Cost Estimates for Next Required Action: This sec an of the application requests two (2) Licensed Site Profession-ai (LSL-i esti-aces f or the Next Required Action at.your Site. There was one estimate submitted: It was not on letterhead or attached to a cover letter from a Licensed Site Professional ( SP) and was dated November 17, 1997. According to the De-par ieriis datEibase anRA ors eriormed-November 24. 1998. Also in Safe: P,'2a! -,j�s a p?,atii3� 1s states that "approximately three years ago the EPA did a-removal and cleanup at the site. Approximately two years ago the city demolished and removed roost buildings at the site." The estimates you submit should-be up to date. Tbere have been maiqy changes at the site since the date 'Listed on your estivate.. TSt hnfbr^Q-"9-7m 3_avalln'ble 72 air am`- %-d DA.0 _ . Dck on the%orbd Wide lftieb: nttp:/iwww.magnet.state.ma.6JZep c ntadcAn Races ed Paper RTN 3-0016700,RFI,March 27,.2001 Page 2 :_:.--�- __r Prs�poaals:for the Next equared-,Action-=an-integral component-of the Application: :To get a current_- Licensed Site Professional (LSP) list call Tlie Board of Registration for Hazardous Waste Site Cleanup ) Professionals at(617)556-1091. Section H. History of Efforts to Remed Financial Inability_ Enclosed you will find information on the-State's Brownfields Program. Please call the Departments Brownfields contact,Ms. Catherine Finneran at(617) 556-1130, to discuss Brov„nfields in relation to your site. Include in your response to the Department details of what you have done relating to the Brownfields Program. Financial Inability Status is not granted until the. Department has received and evaluated a complete application,making a determination in agreement with your assertion. At the conclusion of the evaluation process,.you wili receive formal notification.from the Department regarding the results of the review,rights and responsibilities, and timelines for re-application if appropriate. Until your.complete application is submitted and.such a determination is made, Salem Realty, L.L.C. remains.responsible for conducting response.actions pursuant to the MCP,--and may be subject to'enforcement actions for failure to do so.__ - Should you have any questions regarding the.application process or required documentation,please feel free to contact Mr. . Jordan Ratner, FI Program Coordinator, at (617) 292-5516. Your supplemental documentation should be forward to lbrr: Ratne.r's attention at the foll�wing address: Massachusetts Departinent.of Environmental Protection Bureau of Waste Site-Cleanup, 1 Winter Street, 7th Floor, Boston MA 02105. Thank you. Sine ely Robert P. la , Cost R_ overy� s Revenue Section. DEP Brow gram Division of cal&Financial Support Bureau of Waste Site Cleanup,.Boston cc: Regional Office-Richard Chalpm,Amy Brewer,Gail McCarthy,Esquire BWSC File .COMMONWEALTH OF MASSACHUSETTS ExECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS Metropolitan Boston-Northeast Regional Office ARGEO PAUL CELLUCCI BOB DU Governor Sec JANE SWIFT LAUREN A Lieutenant Governor Commis: Mr.Jan Exman October 16, 2000 Salem Realty LLC 66 Old Blue Hills Road Durham, CT 06422 RE: Salem,Flynntan Building; 70-92-Boston Street,RTN 3-16788; NON-NE-00-3A118 . Dear Mr.Exmaxi_ DEP's records indicate that Salem Realty LLC%Jan Exman (hereinafter referred to as"yoif7_or "your").is a Potentially Responsible Party(PRP)for the site named above. As you are aware,- DEP issued a Notice of Responsibility (NOR)to you dated December 1, 1998. The NOR _- advised you of your legal responsibilities under M.G.L. c.21E and the Massachusetts Contingency.Plan, 310 CMR 40.0000, for assessing and/or remediating environmental _ contamination resulting from releases of oil and/or hazardous materials at the subject•site; Notice was sent to you in-conjunctionwith efforts by the United States Environanental Pr�tetri� , Agency EPA to get you.to remove chemicals and other contaminated material from al an- F T. buildings:at the site_ - - - - -�_.._.., , ,a 5 � ..n In light of your inability or refusal to.conduct the response actions required by DEP axtclP} r r the time, EPA spent over$200,000 conducting remedial actions at the site..EPA remoire m corrosive and flammable li aids sludge contaminated with heavy metals hazardous F A q i g vy , located in pits and floor trenches, hazardous tannery solids from floors and trencheg, -scrap leather left outdoors,some lead and chromium contaminated soil outside o)...v � heavy metal.and.PCB contaminated wood, debris and floor sweepings and sma11.;PCB� e < components and PCB oils._EPA's records indicate that heavy metal and PCB contam�ateds �' w ; remain on the site and require additional remedial actions. - �'` Subsequent to this effort,DEP issued a Notice of Nonconipliance(NON)to you dated Qctab�� 1999 in which you were cited for failing.to conduct response actions to address 11%e reniamm s' x' f en�-ironn ental contamination ation at the site. In a letter dated December 1,. 1999, you stated tha t y iuq > > t wLS'e fot aware of any spill or release at the site. In light 6f these events and the site's history involving releases of oil at d/or ha dau materralsr ' ; I this NON is hereby issued to you to iliforin you, that you are remain out of corn�lancol the Massachusetts Contingency Puri(MCP), 310 CMR..40.0000. An Adiag�nis'ti-a€��na� be assessed for every day from now, on that you remain in nonca�plaauce .As of�he date:�x�; this 'NON, y o11 are not in compliance.with each regi-H tirJ checked belGIV : 5�4 LiLn-mntitm s aysieahee zr.alternate Dormak icy:aPi_v on AD Coordinator at f617)'5774-6872. L a G 7H, info,c .7ei!i �.TTDffi no75.ag j_7�7o. .s5fr^.i�s.cr.,it�l 0�lc8% h ne{S._ o�ii-%ovG '� max� - - .: - C oation l: You.liavz"not a iif<ocl'ei`�her a Response Aetion Outcome (RAO) Statement Tier.Classification Submittal to DEP within 1 year of notification that a release of oil .and/u. hazardous. materials occurred at the site named above, as is requited in sections 310 CMR. 40.0501(3) and 40.0404. Cl. Violation 2: You have failed to submit a Release'Notification Form (RNF), as is.required by 310 CMR 40.0333 and 40.0336. Q Violation 3: You have failed to submit an Immediate Response Action Plan (IRA Plan), as is required by 310 CM-R 40.0420. Q Violation 4: You have failed to submit an Immediate Response Action Status Report, as is required -by 310 CMR 40.0425(1). Note: If the IRA is -done,. you must submit an. IRA Completion Report—see 310 CNM 40.0427. _. Attachment 1 contains an explanation of the regulations you are violating and the actions you must take to return to compliance. Vol return to compliance and'avoid an Administrative. Penalty, you should follow the instructions on Attachment 1 and submit the information and/or forms necessary to comply with each violation .checked within 30 days of your receipt of this NON. Notwithstanding this NON, DEP reserves the right to exercise the full extent of its legal authority to obtain full compliance with all applicable requirements, including but not limited to, criminal prosecution, civil action including court-imposed civil penalties, and administrative penalties. issued by DEP. ach313e&tt-.2,SQ414=..Woie infoxnatt on.about_.why this-NON was.issta d to y'aLL I you have_.�. any questions, contact me at 978-661-7701: Yours truly,. Richard J alpin, Region Engineer CC: D +a�a ent-. 3.��s�, A. Hatzopoulos, United States .Environmental Protection.Agency, One Congress Street, Suite 1100 R),Boston, 02l;4-2023 Salem Board of Health Comm ONWEAL'TH OF 1ASSACI:USET"i S EXEcuuv.E OFFICE OF.ENVIRONMENTAL AFFAIRS DEPART ilEtNT Off' ENVIRO" N_"ENTAT. 'ROTECTION Metropolitan Boston - Northeast Regional Office ARGEO PAUL CELLUCCI Govemor TRMY C( q Seca D t!� L� 1 i�� q DAVED B STRi Commissil TIE.NT LEGAL MATTER- PROMPT ACTION NECESSARY CERTIF.IFD MAIL- RETLJ N :ZECEIPT REQUESTED Salem Realty, LLC RE: Salem c/o Jan Exman, ' Manager Flynntan Building Site 66 Old Blue Hill Road 70 - '92 Boston Street Durham, Connecticut 0.6422 RTN# 3-16788 __NOTICE OF ESP )NSI 11LITY; ' M.G.L. c 21E & 3! CD 40 0000 Dear Mr.Exman: On May 13, 1998, the Department received oral notification from the U-S. Environmental Protection 'Agency ("EPA") . . of a re lease/thg _ ea of release of oiT/hazardous material at the subject location. The Department has reason. to believe that the release/threat of release- which was reported is or may be a disposal site Ias defined in the Massachusetts Contingency Plan. (MCP) , 31G 0�2 40. 0000 . The Department also has reason to believe that you {as used in this letter . °ys7u" refers to Salem Icealty,LLC) . are a Poter_tially Responsible Party (PRP). with liability under Section 5A o.L fI.G.L. c. 21E This liability is "strict" mea_? that it is nct based on fault but solely on v^�1r Gtat,�:= as oT en- operator, generator, , transporter, . disposer or other person specified it Secti^n C-A 3i1� _ 7 Liability is also �?01Iit and- seireral�' ,,ea�is than resporsi�le parties are Iiab_ for all This inform,a ion is available in alternate fdria aat by calling our ADA Coordinator at(617.5744-6872. 205 i_�..�i1�"�CJ:17 1�� ?857 P one i 078) ..,�.vo.;yciea raper . - 2 Flynntan Buil, .ng/Salem RTN## 3-16788 response costs incurred at . a disposal site .even if there are other -- _:,.able parties. The .purpose of this notice is to inform you of your legal responsibilities under state law for assessing and/or remediating the subject release pursuant .to the MCP. For purposes of this notice, the terms and phrases used herein shall have the meaning ascribed to them by the '. MCP unless the text clearly indicates otherwise. STATUTORY LIABILITIES The Department has reason to believe that you are a . =otentially Responsible Party (a PRP) with liability under M.G.L. c. .21E, § 5, for response action costs.. Section 5 makes the following parties liable to the Commonwealth of Massachusetts: current -owners or operators of a -site from or' at which there is or has been a release/threat of release of oil or hazardous material; any person who owned or operated a site at the time hazardous taterial was stored or disposed of; any person who arranged for the transport, disposal, storage or . treatment of hazardous material to- or at a site; any person who transported hazardous material to a transpo.rt, disposal, storage or .treatment site from Vhich there is or has been a release/threat of release of such material; and any person ;who otherwise caused or is legally responsible for . a release/threat of release of oil or hazardous .,E. .. _m.. =T-at.eT-ia-1--at. a-s-ite. This liability is "strict meaning it. is not based on fault, but solely on your status as an owner, operator, generator, transporter or disposer. It is also joint and :several, meaning -_that .you may be . liable for .all response action costs incurred at the site, regardless of the existence of any other liable parties. .The MCP requires responsible parties to . _take necessary esponse actions at . properties where there is or has beer, a release or threat of release of oil- and/or hazardous «aterial. If -you do not take the necessary response actions, or fail to perform. _hem in an appropriate and t Lmely ma _,ner, - the Department is authorized by M.G.L. c. 21E to have the work performed by its contractors. By �aKiing such actions, you can avoid liability for response action costs incurred by the Department and its oontracto 3=� P=t it?=_ng talc`'Se actlJ n aka sancti n s 'which may imposed f or' failure to perform response actions under the l tLP. / ea ,. _ y-- t _ =-Ct via �"..v >�.-. {..'i�S--mod J.`(' ._';- _'�"T ";r7" :`C .. response - .-s. -r' w aii.�vis cos-s 3 Flynntan Buill- _ig/Salem RTN# 3-16788. include, without- limitation, the cost of direct hours. spent bJ.y Department employees arranging. for response actions or overseeing work performed by persons -other than the Department or their contractors, expenses incurred by the Department . in support of those direct hours, and payments to the Department ' s contractors . (For more detail on cost liability, see 310 CMR 40 .1200 . ) The Department. may also assess interest on costs incurred at the rate of twelve percent (12%).,- compounded annually. To secure payment -of 'this debt, the Commonwealth may place liens on all of your property in. the Commonwealth. To recover the debt, the Commonwealth may foreclose on these liens or the Attorney General may bring legal action against you. In addition to your liability for up to three (3) times all response action costs incurred by the -D(6pa_itmerit, you may also be cable- to-the Cominonwealth fQr damages to -natural -resources caused by the release. . Civil and criminal liability may also be imposed under M.G.L. c. .21E,. § Il, and civil administrative penalties may be imposed under-M.G.L. c. 21A, 9- 16 .for each violation of M.G.L'_ c_ 21E, the MCP, or any order, permit . or approval issued thereunder. ACTIONS TAKEN TO DATE AT -THE SITE yin a letter dated May a, 1998., EPA notified you of your ..._ .. _. F=>PoteAtia. ��G"pO13sYb1 .3 user fed Y law for 'response-gat at"" the Flytann Site and invited .you to conduct removal activities in their stead.- On July 6, 1998; EPA informed. the Department that they would commence necessary response actions - at the site to mitigate an - "imminent and - substantial endangerment to public health, welfare,.,..... and -the environment" that the hazardous substances that they discovered at the site represented. According to_ the Pollution Reports ("Polreps")- that EPA. generated. during the . removal activities, copies of which, were mailed to the Department for its records, the following activities have been completed to date at the site- sampled ,categorized, and s.L;ipped all corrosive and flammable iq-a:ius J_ , .some 24. drums abandoned in the bui I di Wig, b?heavy metal contaminated sludge from . 8 vats _inside the building c')3^aaardous ligLids located _Ln kits and floor trenches, d)hazardous solids from, 'floors anad -reaches n odes Of leather scraps left outdoors, f) a small amount of lead and ch-romium contaminated surface . soils, gheavy metal an PCP contaminated- wood, debris and floor sweepings, and h) small ' PCB 4 Flynntan Buil .ng/Salem RTN#. 3-16788 n, • covered the floor trenches and pits with Yw 1 ood and .r�eta� 'J P plates and secured doors and fencing to. help deter tresspassing and prevent public exposure to the lead, chromium, arsenic And PCB-laden dusts, residues and soils which remain on the site_ NECESSARY RESPONSE ACTIONS The subject site . shall . not _ be deemed to have had all the necessary and -re quired response actions taken unless and until all substantial hazards presented by the site have been eliminated and a level of No - Significant Risk- exists or has been .achieved in compliance with M.G.L. c. 21E and the MCP. In addition, . the MCP requires persons undertaking response actions at disposal sites to :-perf orm Immediate Response Actions (IRAs) in response to "sudden releases" ; Imminent Hazards and - Substantial Release Migration. Such persons must continue to- evaluate the need - for IRAs and notify the Department immediately, if such a need exists. The Department has determined that the following response actions are necessary at the subject site: A Phase I. assessment pursuant to 310 CMR 40. 0480 is __ �r4-,._, - _.....,�.nec�e�sary:� Irr•�jdd-it�.� jle,�s"'_ar�° 'Ti��subtnit'te�'�ea�le�, -.a__.__`- completed Tier Classification Submittal pursuant .to 310 CMR 40. 0510, -,and, if appropriate, a completed Tier I ' Permit Application. pursuant to 310 CMR 40.0700, must be submitted to DEP within: one year of the. initial date notice of a. release is .Provided.. to .the -Department pursuant to 310 CMR 40 . 0300 or from the date the Department issues a Notice of Responsibility (NOR) , whichever occurs earlier. You must employ or engage a Licensed S=te Professional (T SP) to manage, supervise or actually . perform the necessary response actions at the subject site. In additives, the idiCP retp:1reS persons undertaking response actions at a di_---�OSaI site to submit t0 the Department a Response Action Outcome Statement prepared by. an L-SP in accordamca with 310QrMR 40 .i000 upon determin;ng th at eve1 cf N? '.. Sij�gn3L3Caii j� Rijn already ex3S'v Or has been achi.eved~at a disposal site or portion thereof. [You may obtain a list_ of the names e=nid addresses of these licensed ) professionals .from .the Board of Registration of Hazardous. waste S=te Cl ean,Iv ProfEs:s_,na' s at 161 7, - 5 Flynritan -Buil• -Ig/Salem RTN# 3-16788 GENERAL RESPONSE ACTION REQUIREMENTS There are several other submittals required by the MCP which are related to release notification..and/or response �actior_s that may be conducted at the subject site in addition to an RAO, that, unless Otherwise specified by the Department; must be prow=del to DEP within specific -regulatory timeframes. The submittals are '-s follows: (1) if one has not been submitted, a Release Notification Form (RN_, ) must be submitted to DEP pursuant to section 310 CMR ' 40 . 0333 within 60 calendar - days of the -initial date of oral._.notification to DEP, of a release. pursuant to 310 CMR 40: 03.00 or .from the date. the .Department issues .a Notice of__ ... esponsiblity (NOR) , .whichever occurs- earlier; (2) unless an : RAO is subm-itted earlier, an Ir► ediate Response Action .(IRA)_ Plan prepared in accordance with 310 CMR 40. 04.20; or an IRA Completion Statement (310 CMR 40.0427) must b-e submitted to DEP within 60 . calendar days of the initial date of oral notification to DEP of a release pursuant to 310 CMR 4 0..-0 3 0 0- or.- from "the date the Department issues an NOR, whichever occurs earlier; . and (3) Unless an RAO is submitted earlier, a competed Tier tal CJ51o; and, if appropriate, a . completed Tier I Permit . Application pursuant to 310 CMR 40 . 0700, must be to DEP within one year of. the initial date of oral notification to DEP of a release pursuant to '310 CMR 40: 0300. or from the date the Department - _`issues an NOR, whichever occurs earlier. (4) Pursuant to the Department ' s "Timely Action Schedule and Fee Provisions", 310. CMR- 4 .00, a fee of $750 must be included with an RAO statement- that is submitted to the. Department more than 120 calendar days after the initial . date of ora notification to DEP of a release pursuant to- 310 CMR 40 .0300 or after the date the Uepa Ll:ient issues atn70R, whi chewer Occurs earlier, and before Tier Classi fi cIation. .�3 f ofl is rMt requireci. for an RAO submitted .to the Department within 120 days of the .date of oral notification to the De ttin=.n,.pa� , or the date. the Department issues NOR, -a__ l+f � �Y17 onovcr ry atc, Of"%ur8 earlier, or after Tier Classification. 1t is 37'f1Y?�i?^'`?Ty L, � n04--e ;rL!5�. ��.? o " emcul t �". �T - - e v,s7 3 �. sacs tti ' _.��=ter''. uz LL.fl �i 1vl data or ?n accordance J' S"-: c 6 Flynr_tan Builc lg/Salem RTN# 3-16788iF with 310 .CMR 40. 0034 includin - _._. g, without li-mitation; contaminate l soli and/or. debris . . Any Bill Lading accompanying :such waste must hear the seal and- signatur= of an LSP, or,. if the response action is performed. " under" t!e Department, the si direct supervision . of the signature of authorized -representative of the Department. The Department encourages parties with liabilities under M.G.L. c: .21E toake ..prompt action in response to releases .and threats of release of oil and./or hazardous material . By taking Prompt action, you . may .significantly lower your assessment and cleanup costs and avoid the imposition of, - or ' reduce the amount of, certain permit and annual -compliance fees for response actions payable under- 310 CT4R 4. 00 . If you have ara. . ... y questions relative to. this. notice, you should contact Anthony R. Guarciariello at the letterhead address or (978) 661-7680. A11 future communications regarding . this release must reference the Release Tracking Number (RTN #) 'contained in the subject block of this. letter_ Very Richard . Chalpin Regional Engineer Bureau of Waste Site Cleanup Northeast Regional Office • CC: U.S. Enviroximiental Protection A Inc Suite 1100 (HBR g- y/Ncw. E�-Sgla_nd/Region 1, ) , 1 Congress Street, Boston., PM, 02114-2023 Attu A. . Hatopouios, tJSC, Office of Site Remediation and. Restoration Salem Board of Health Salem mire Department DEP data e_Sfr--y/films' + 1 Historical Information - Current Year F� Document Number, : NO3EO46 Do�cumentt . N Enforcement Number : NON-NE-98-3E046 46 Date of Issue : 10/07/98 fi 47 8 User Name : Richard Chalpin 9 0 COMP' letion Date :. i0/08/98 1 + 2 Site, RTN, - Fac. # 3-16788 3 4 Facility Name Salem, Salem Realty 5 �� 4Ba8in Id Number y. S . V.L L 7,17ENTAL PROTECTION AGENCY POLLt TION. REPORT I HEADING i DATE: O.C.TOBER •27, 1998 SUBJECT: FLYNNIAN SITE - POLREP 93 FINAL - LOCATION: _ -=' 70-92 BOSTON .STREET, SALEM, MA � .-' s =' = � • ` SITE ID NUMBER: 015Y CERCLIS. NUMBER: MA0002333433 OSC: A. HATZOPOULOS, USEPA, OFFICE OF SITE REMEDIATION AND RESTORATION, SECT. II OFFICE :. 617-918-1284 (OFFICE) , ACTION MEMO STATUS : FUND LEADINCEPTION. DATE: . JULY 6, 1998 DEMOBILIZATION DATE: OCTOBER 27; 1998 II . BACKGROUND The. Site .is located at 70-92 Boston Street in Salem, Massachusetts . The Site is approximately 1 .90 acres and. is an abandoned leather tanning factory -located in a heavily populated residential/commercial .area of Salem, Massachusetts. Contaminants .found. at the site include but are not limited to heauy, metals.. and; polyehl-orinated -b phenyls_:._:..Ft)r °furthest".._._-. background information, please refer to POLREP No. 1 . 3II . ACTIONS (August 14, 1998 through October 27, 1998) For details of actions completed prior to August 14, 1998, please refer to POLREP Nos : 1 and 2 . See .Table 1 for the: amount of materials collected and transported offsite., destination and/or: the disposal technology. ?) 8/14/98 completed the collection and transported the hazardous waste liquids from floor trenches and Pits. to. United Oil . Recovery., Meriden,, CT; ?) 8/20/98 completed the transportation and disposal, -of. drums to Cycle Chem, Elizabeth,- NJ;: 3) 9/10/98 .completed the disposal of the sludge from pits, tannery solids from floors..and trenches, along with a limited amount of lead and chromium .contaminated surface soil -to Waste Management, ' Norridgewock, ME; 4) 9/21/98 completed the covering of :the floor trenches and pith with plywood and metal' plates; 5) 9/30/98 completed the disposal and transportation of contaminated personal protective equipment and hose to Waste Management, Norridgewcck, ME. 6) 10/27/98 completed the disposal and transportation of leather scraps to Cycle Chen; Inc. , Elizabeth, NJ.. - 1 2 a TABLE I. WASTE . STREAM AKO"- T DESIGNATED i REAT=i x AID./OR FACILITY DISPOSAL TEC�OLOGY HAZARDOUS 5, 375 UNITED. OIL ULTRA FILTRATION, WASTE- gallons RECOVERY, MERIDEN, CARBON- FILTRATION, LIQUIDS CT . REVERSE OSMOSIS. DISCHARGED, POTW NON 2, 943 ECC, ULTRA FILTRATION . REGULATED gallons STOUGHTON, MA D I S CHARGED TO' MWRA LIQUIDS. 65..._.... _ ALE CI ;. �., _.� .._ -TO ,. 3 DETERMINED WASTE. gallons ELI.ZABETH, NJ (TBD) FLAMMABLE 1, 055 CYCLE CHEM; TBD LIQUIDS gallons ELIZABETHr NJ CORROSIVE 430 CYCLE CHEM, TBD LIQUIDS gallons ELIZABETH, NJ CHEMICAL 1, 700 CYCLE CHEM-, TBD PROCESS lbs ELIZABETH, NJ - LIQUIDS CHEMICAL..._ 660 CYCLE CHEM, TBD PROCESS gallons. EL.IZABETH:,-,. NJ SOLIDS LEATHER 2 CYCLE CHEM, TBD SCRAPS cubic. ELIZA-BETH,NJ yards LEAD/ACID 160 lbs ) STATELINE SCRAP, RECYCLE BATTERIES I SOUTH ATTLEBORO, CHROMIUM/PAH 8, 0.80 WASTE MANAGEMENT, LANDFILL COVER CONTAMINA•IED gallons NORRIDGEVN'OCK, ME TANNING + SLUDGE 3 r , J IV. FINANCIAL The removal project ceiling defined in the Action Memorandum is $28G, 000 :00 CEILING CHARGED BALANCE ERGS � $1301000 $130, 000 $ _p_ EPA $. 70;000 $551000 : $15,000 START - $ 50, 000 - $.20,000 $30,000 CONTINGENCY $ 3G., 000 $36, 000 TOTAL $28G, 000 $20.5, 000 $011000 The above cost estimate is based. on figures .known to the OSC _ at ._the time this POLREP wadrttn _ Thy-cost-accounts-ng d"oes not necessarily represent an exact monetary figure which the government may include in any claim for cost recovery- V.. FUTURE PLANS A small portion of chromium' contaminated soil (approximately GO cubic feet) which is located between the: parking .lot and adjacent to- the southwe.st portion of the four story- metal/wood frame. building, will remain- on Site. This area is located in an approximately 15-foot depression from the parking lot and is not easily accessible to the public: It. does not meet t-he EPA' time critical removal criteria because it does- not pose a -direct contact threat and--does not appear to have the capability to migrate via wind or surface run Off. The OSC has discussed this matter with both, . the MADEP and the City of Salem and has advised them to take . . this matter into consideration on. any future activities at the Site. CASE FENDS U.S.- ENVIRONMENTAL PROTECTION AGENCY _ POLLUTION REPORT I . HEADING DATE: AUGUST 6, 1998 SUBJECT: FLYNNTAN SITE - POLREP #2 LOCATION: 70-92 BOSTON STREET SALEM MA /- ;_ •E. SITE ID NUMBER: 015Y CERCLIS NUMBER: MA0002333433 OSC: A. HATZOPOULOS, USEPA, • OFFICE OF SITE REMEDIATION .ANDi . RESTORATTON, SECT. II OFFICE° PHONE #: -617-573-5759 (OFFICE) ACTION MEMO _STATUS: FUND LEAD INCEPTION DATE_: JULY 6, 1998 DEMOBILIZATION DATE: TBD II. BACKGROUND The Site is located at 70-92 Boston Street in Salem, Massachusetts . . The Site is approximately 1. 90 acres and is an abandoned leather tanning factory located in a heavily. populated residential/commercial area of Salem, Massachusetts- polychlorinated biphenyls (PCB.$) , lead and chromium. For further background information, please refer to POLREP No. 1. III. ACTIONS (July 20, 1998 through August 13 , 1998) For details of actions completed prior to July 20, 1998, please- refer to POLREP No. 1 . 1) completed the dismantling of capacitors and their placement in drums pending disposal; 2) completed .the clearing and staging -of debris within the site building; 3) . completed consolidating the floor and trench waste pending removal- with' a -vactor truck; 4) completed the transfer of solvent liquid from an aboveground storage . tank into two drums which were. staged pending dispos.al; 5) completed hazard categorization testing of hazardous materials in drums; 6) completed waste stream categorization. and staging the - hazardous materials found in drum.s/containe-s; 7) completed compatibility testing on hazardous materials in drums; 8) completed 'the. consolidation of coMtat:ible drums fcr disposal and overpacking of two drums; 9) completed the. laboratory packaging of' small containers for disposal; - 10). completed the staging of 8 wooden vats; 11) Prepared .and_put out bids for the transportation and disposal of the hazardous materials including wastewater, 2 sludge/soil, and drums;_ 12) completed the transport . and disposal of one shipment of. wastewater from on site sumps/pits; 13) completed the removal of a limited amount of lead and chromium contaminated surface soil and its staging pending disposal.;. 14) completed the cutting and staging of plywood provided by the City of Salem for coveting interior trenches and pits; and 15) completed the segregation of .contaminated wood and debris pending.disposal . IV'. FINANCIAL The removal project. ceiling defined in the Action Memorandum is $286, 000 . 00 CEILING CHARGED BALANCE ERGS $130, 000 . . $75,400 ' $54, 60,0 - EPA $ 70 000:_a_ . $� Q 5QQQ. t- .-- •.fit. .. ,�_ 29-100 _. START $ 50, 000 $13, 000 $37, 000 CONTINGENCY $ 36, 000 -0- $36, 000 TOTAL $2861000 $10$,400 $177, 600- The above cost estimate is based on figures known to the OSC at the time- this POLREP was written. The cost accounting does not necessarily represent an exact monetary figure which the government may include in any claim for cost recovery. V. .FUTURE PLANS - ERCS will CASE PENDS U.S . ENVIRONMENTAL PROTECTION AGENCY POLLUTION REPORT i I . HEADING DATE: JULY 20, 1998 SUBJECT: FLYNNTAN SITE - POLREP #1- LOCATION: 70-92 BOSTON STREET, SALEM, MA SITE ID N-UMBER: 015Y CERCLIS'. NUMBER: MA00.02333433 OSC: A. . -g—TZOPOULOS, USEPA, OFFICE OF SITE REMEDIATION AND RESTORATION, SECT. 'II OFFICE PHONE # : 617-573-5759 (OFFICE) ACTION MEMO STATUS: FUND LEAD INCEPTION DATE: JULY 6, 199E DEMOBILIZATION DATE: TBD II. BACKGROUND The .Site is located at 70-92 Boston Street in Salem, Massachusetts . The Site is approximately 1 .90 acres and is ari abandoned leather tanning factory located in a heavily ooiDulated; es., ale .i l.(comr er ,a7 axes ._af..Sale �_Iassachusetts..� The__. .-ri .Site is .fenced with locking gates at several entrances of the Site . However, the fence does not preclude unauthorized access . Evidence from graffiti and other vandalism activities that children. and others had been entering the Site. The closest residential property is less than 100 feet away from the Site. An. estimated 1, 000 people reside/work .25 miles. of the Site. A .day care facility is located .2 miles west of the- Site. within a 1-mile radius there -are 5 other- schools, one of which i`s. Salem. • High .School . Most of the windows and doors of the entire structure are either broken,: missing or have been replaced by temporary plywood. The primary threats that will .be removed from the Site consist, of ignitable-:and -caustic substances in, drums/tanks as well as leaking electrical capacitors and metal tanning residues/dust such -as chromium and lead an the floors, drains; settling pits and ekteror .grounds . Contaminants found at the site include but are .not limited to polychlorinated biphenyls (PCBs) , lead and `. .chromium. III . f+CTIONS On July 6, 1998, the ERCS contractor and the START contractor mobilized to the site. To date. ERCS has.: 1) established security, 2) prepared the Site for the removal action activities i .e. set UT) utilities (phones, fax,. electricity, water etc) 2 3). cleared and staged the debris from the, manufacturing .floor, ) 4) began the consolidating the floor and drain waste, .5) categorized. and staged the hazardous materials found in drums/containers; 6) disassembled, staged and containerized all PCB contaminated electrical components, 7) prepared and put out bids for the transportation and disposal of the hazardous materials IV. FINANCIAL The removal project ceiling defined in the Action Memorandum is $286, 00.0 . 00 CEILING - CHARGED BALANCE ERGS $130, 000 $32, 00.0 $98:,000 EPA $. 70, 000 $11, 000 $59,.000 START $ 50, 000 $10, 000 . $40, 000 -CQN'fTNGENCY'- E$286, 000 0 t TOTAL $53, 000 $233, 000° The above cost estimate is based on figures known to the OSC at the time this POLREP was written. _The cost accounting does not necessarily represent an exact monetary figure which the government may include in any claim for cost recovery. V. FUTURE PLANS ERCS will continue to consolidate the contaminants on the floors, ...drans ' and pits for transportation and disposal. CASE PENDS - COMMONWEALTH OF MASSACHUSETTS r EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION q Meftr aiitan Boston - �-iortheast Regional Off-ice ARGEO PAUL CELLUCCI Govemor TRUDY CO)i Secreta DAVID B.STRUI- Commission 40RANDUM FOR THE FILE and Supporting r i Documentation for .the IRAC-D To: The File Thru:. Richard J. Chalpin, Regional Engineer, BWSC, NERD( From: Anthony R. Guarciariello, EE V ., BWSC, ER, NERO . �� 0 •-- Y:.:_�ti ubrje.ct.:-__ -Fly. ratan Bu ldin� Removes-1 t-ion/ U S3-ERA/-3-16788 Date : November 24, 19981 INTRODUCTION The Flynntan Building is an abandoned leather tanning factory located' in a heavily populated residential/commercial area of Salem, Massachusetts. The Site is approximately 1 . 90 acres on 70 -90 Boston Street . The. threat to public ..health and the environment prompting the removal, action consisted of ignitable. and caustic substances in drums/tanks . as well as leaking. electrical capacitors and metal tanning residues./dust such as chromium and lead of floors, drains, settling pits and exterior grounds. Primary contaminants found at the- . site included polychlorinated. biphenyls (PCs) , lead and. chromium. INITIAL NOTIFICATION In November .of 19971 the City of Salem -Planning Department (the City) referred the Site. to the. Emergency Planning and Response .Branch of U. S. EPA( EPA) Region 1 . The City had -repeatedly informed the owner to have the Building .envronmentally cleaned up and returned to productive . use: Furthermore, the City was concerned that. po.rtions of the 'Site' were rented .illegally to This information is available in alternate format by calling over ADA Coordinator at(617)574-6872. 205a Lowell St. Wilmington, MA 01887 o Phone (978)661-7600 .Fax (978)66I-7615 •TDD#(978)66I-7679. Printed on Recyded Paper 2 Fiynntan Building/Salem R FN#3-I6788 tenants and other portions of the building were used by children as a clubhouse. . Consequently, on .December 4, 1997, EPA sent a. 1 re--,. est for access to the owner for the purposes of Conducting .a J PA/Si . Based upon this PA/Si, a .removal action was recorgmended and on May 4, 1998, EPA sent a "Notice of Potential Responsibility and Invitation to Perform or Finance Proposed Cleanup Activities" letter to Salem Realty,. LLC. of Durham, Connecticut and gave them 10 days to respond. Salem Realty, LLC did not -respond arid- so on May 13, 19-98, EPA notified the Department that they were -proposing -to conduct a removal action at the Flynr_tan- Building unless the Department wished to conduct one 'instead., On May 26, 19981 OSC Tom Hatzopoulos sent a memo to Patricia Meaney, the Director of the Office of Site. Remediation and Restoration requesting the funds to conduct the removal actions . The request was accepted and $286, 000 was set aside for the cleanup actions. On July 6, 1998',' EPA' s removal contractor OHM began work inside the Building under the. direction of .Tom Hatzopoulos of EPA. RESPONSE ACTIONS UNDERTAKEN By EPA On July 6, 1998, EPA informed the Department that they would commence necessary response actions at the site to mitigate an "imminent and substantial endangerment to public health, welfare, and the environment" that the hazardous substances that they discovered at the site represented. According to the Pollution Reports ("Polreps") that EPA generated during the removal activities, copies of .which were mailed to the Department for its records, the following activities have been completed to date at .the site: • sampled ,categorized, and shipped . a) corrosive and flammable liquids in some 24 drums abandoned in the building, b) heavy metal contaminated sludge from 8 vats inside the building c) hazardous liquids located in pits and floor trenches, d) hazardous tannery solids from floors a_nd trenches, e) pules of . leather scraps left outdoors, f) a small amount of lead and chromium contaminated surface soils, g) heavy metal and PCB contaminated wood, debris and floor sweepings, and h) small PCB electrical. components and PCB oils. • covered the floor trenches and pits with plywood and metal Plat-es and secured doors and fencing to hell) deter tresspassing and prevent public exposure to the lead, chromium, arsenic and PCB-laden dusts, residues and soils which remain on the site. 3 Flynntan Building/Salem R-fN#3-16788 _ FUTURE REMEDIAL ACTIONS As stated in the- final_ Polrep- from_ EPAr an area measuring about 15, by 10' by 5" deep ( 60 cubic feet) of chromium .contaminated soil (31, 000` ppm) of- surface- soils remains on site. The location is between the parking lot and adjacent to the southwest portion of the four story metal/wood frame building. The parking lot is not. easily accessible to. the public and so it does not meet .the .EPA time critical removal criteria because it does not pose a direct--contact threat and. does not appear -to have the capability to migrate- via wind or surface run bff. During the PA/SI phase of the project, EPA noted that there may be 4-6 underground storage tanks on. site. At least two of these tanks appears to have- been filled in with cement slurry. The whereabouts of any remaining tanks and their contents are unknown. Also, . the interior o.f.. the : uilding cannot be considered clean. enough for reoccupancy. The Building surfaces were only swept. clean of. heavy-metal laden dust and debris . It is EPA' s opinion. that the Site would have to be leveled- before an - "" occupancy permit could be .issued by the .City. U�� r a cc) � �LJ. W �!T � Z o a W �( © i N O W z o L,J � �� O C7 7 � I El �. �� w <" Of � C7 U' O v�i W m Q ¢ h z H Z ® CD O n H � M BOILER m Z ROOM. < -� c� z O w U w _ .a N O w.v cr crnt ' Q o =o M L1JX1 `�Lowao � %Q c . w O<n�- < O Q La® M CL. <�. O :' O o ® ti I O co ca O' a O O W �\ a Q7 _ W (%l C 2 C9 W m F Ll O � O zl CJ ( p_ Li U !1 w 1 ® (n CLl < X -Z L:1 Of ® < O ~ mac _. w a U (!1 U Z © Q < LL- z Z O U J O Q _Z. Q O t` O U O LL 0 w V J O Q Z O O w O = W w z ~ O m z ~ w Z U J/� < �. s Z �� G - LLI .i-- u. x �/ J ti z z V) Q < 0 aooca < CDmx i aim U w- Uui _Z.. F-O t- U W J ¢�`O U Z J <L` < U m J.[p 0 W LLJ� F- M-s 4 � Z t�j Ic t- - VW CQj .Vv.v .'If < LJI SSP: FLYNN TAN PROP-RTY ! pAT : 25 hije"1998 PAGE .19OF77 J�,�<Eo sr�rFs UNITED STATES ENVIRONMENTAL PROTECTION AGENCY �j 1'SCGIl1IY.1 0 r� z JOHN F.KENNEDY.FEDERAL BEHELD G o BOSTON, MASSACHUSETTS 02203-0001 Fyrgc ARaT�G� URGENT LEGAL NATTER -- PROMPT "REPLY-NECESSARY VIA FEDERAL EXPRESS - OVERNIGHT DELIVER' 5/4/98 Salem Realty,. LLC c/o. Jan Exman, Manager_ 66 Old Blue Hill Road Durham., Connecticut 06422 , Re NOTICE OF POTENTIAL LIABILITY- AhM_ INVITATION TO PERFORM OR FINANCE PROPOSED .CLEANUP ACTIVITIES.: Flynntan Site. Dear Mr. Exman: This letter: serves to notify Salem .Realty, LLC of potential liability regarding the Flynntan Site, .Salem, Massachusetts. ( "Site 11) , as : defined 'by Section 107 (a). of the Comprehensive -...Enviro�imental s:pon0,e.,.. Compensation, -_and -Iia}�.iJity•Act- €> -�:98G�-x. = as amended ( "CERCLA") , 42 U. S. C. § 9607 (a) . This letter also notifies Salem Realty., LLC of forthcoming removal activities at the Site. which Salem Realty, LLC is invit.ed .to perform or finance and which .you may be ordered to perform at a later date-. NOTICE OF POTENTIAL LIABILITY The United States Environmental.- Protection Agency ("EPA" ) . ...has documented the release or threatened release of hazardous substances or pollutants or contaminants at the Site, which is located at 70 -92 Boston Street, Salem, Massachusetts. The Site is further defined in Book . 13751, Page 323-, Es.sex County Registry of. .Deeds., in Salem.,. Massachusetts'. Hazardous substances involved in the release or threat of release .at. the . Site include, but are .not Limited to; flammable and caustic substances. EPA has spent or is considering spending public .funds on actions to investigate and control such releases or threatened releases at the Site . Unless a potentially -responsible party ( "PRP'f ) or parties commit' to properly performing or financing such actions, '-EPA may perform these actions pursuant to Sect ion 104- of CERCLA, 42 U.S.C. § 9G04 . Under 5e n-i rls T.0 6 ( a) and 107 (a) of .CERCL A,, 42 TT. J C. 9606 (a) and 9607 (a). ; ..-Section 7003 of the Resource Conservation and Recovery Act ( "RCRA" ) , 42 U_S. C. § 6973 , and other laws, liable parties may be obligated to- implement response actions ?necessary by EPA � Nuulic . ealth, ��e__are; or the deemed to ^rotect n �^ , r- environment and may be liable for all. costs incurred -by the Intemet Address(URL)• http://WWW.epa.goy Recycted%Recyelable.Printed with Vegetable Oil Based Inks on Recycled Paper(Minimum 25%Posiconsumer) Government in responding to any release or threatened release- at the .Site. Such actions and costs may include, but are not \ limited to, expenditures for investigations, planning; response, oversight, and. enforcement activities . Responsible parties under CERCLA include current and former owners and .operators of the Site, persons who arranged for disposal or treatment of hazardous substances found at the Site (often .called "generators" ) , and persons who accepted hazardous substances for transport to the .Site (often called "transporters" ) . ' EPA has evaluated evidence -gathered during investigations. of the Site. Based on this evidence, EPA has information indicat P9 that Salem Realty, LLC is a-potentially .res onsible -party under Section 107 (a) of CERCLA with respect to the Site. Specifically, EPA has reason- to believe that Salem Realty, LLC is the current. owner/operator of the Site: By .this letter, EPA notifies Salem Realty; LLC. of its. potential liability ,and urges Salem Realty, LLC to voluntarily perform or finance those response activities that EPA determines are necessary at the Site. OUTLINE OF SITE RESPONSE ACTIVITIES In accordance with CERCLA and other authorities, EPA has undertaken certain actions and incurred certain costs in response to conditions at the Site.. These response actions have included conducting site. assessments as. well as other investigations which . have revealed- the presence of.-hazardous substances at the Site . Due to the presence of hazardous substances at the Site, - and in light of other conditions, EPA has determined that .there may be an imminent and substantial endangerment to public health, welfare, or the environment . In response. EPA isplannincr to conduct the following immediate removal activities at the Site : 1) overpack, stage, manifest and properly dispose of the drums and other containers- present at several locations within the Site boundaries., at an EPA-approved disposal facility; and, 2) take other appropriate actions based on EPA' s sampling results . INVITATION TO PERFORM SITE RESPONSE ACTIVITIES Before EPA sPends additional public funds to undertake a reTiiovai aCtiOi1 cat the Site, EPA urges Salem Realty., LLC tO voluntarily perform or finance the removal activities outlined above. Any such work performed by you in your capacity as a PRP. must be conducted pursuant to an administrative order and an. EPA.- .approved ,wdrkplan as authorized by Section 106 (a) of CERCLA, 4.2 U.S . C. 9605 (a) Prior to final issuance of such an order, .a draft order will. be sent to you or your representative for review and comment . Enclosed herewith is a copy of a summary of a generic Scope of Work. This document should provide you with an understanding of the types' of plans and activities typically ) required by such an order. Be advised that even if, Salem Realty., LLC does not indicate a willingness to perform or finance necessary response actions, EPA may_ order you to undertake such actions under Section 106 of -CERCLA, 42 U.S . C. § - 9606 . Failure to comply with a Section 10-6(a) administrative order may result in a fine of up to $27, 500 per day under Section 106 (b) or .imposition of treble damages under Section 107 (c) (3) of CERCLA. Further, you may be held liabl.e. under. Section 10:7 (a) for the cost of the response . activities EPA performs at the Site .and' for any damages to natural -resources . , . In' addition, by virtue of -Section 113 of CERCLA, 4J U. S.C. § 9613 , other PRPs who agree to perform the necessary response action may. seek contribution protection. PRP RESPONSE AND EPA CONTACT You should 'Contact EPA within ten (10) business days .after receipt of this letter to -indicate your willingness to perform or finance the response activities outlined above . If EPA does not receive a response within that time, EPA.will assume that you do -not wish to negotiate a. resolution of your liabilities in connection with the response and that you have declined any _ .. ritr i remefit `in :performing r`e pori e` activities . Be" c v sed, however, that liability under CERCLA is joint and several; therefore, each PRP is Dotenti.ally liable for undertaking all response actions or reimbursing the Government for the entire amount of its response -costs . Please provide the name, address, and telephone number of a designated contact for -future communications. Your written response, including any technical comments or questions _ concerning the proposed response activities, should be directed to. the EPA On-Scene Coordinator (OSC) for the Site: Athanasio., Hatzopoulos U-S. Environme.ntal . Pro.tection Agency Site Evaluation E Response Section II JFK Federal Building - Mail Code HBR Boston, Massachusetts 02203 Legal questions and all communications from counsel should be directed to: Cynthia A. Lewis U.S. Environmental Protection Agency Office of Environmental Stewardship JFK Federal Buil kin 7- SEE Boston, Massachusetts 02203 (617) -565-3285 DECISION NOT TO USE SPECIAL NOTICE Under Section 122 (e) of CERCLA, 42 U..S.C. § 9622 (e) EPA has the discretionary, authority to invoke special notice procedures to formally negotiate the terms of an agreement between EPA and PRPs to conduct or finance response activities . The use of special notice procedures triggers a moratorium on certain EPA activities at the Site while formal negotiations between EPA and .the PRPs are conducted. Due to the exigencies posed by conditions present at the Site, removal activities must be conducted. as expeditiously as possible . EPA has therefore decided not to invoke the Section 122 (e) special notice procedures with respect to CERCLA removal actions .at this. Site. Nonetheless, EPA .is willing to discuss settlement opportunities without invoking a moratorium, but will initiate the response action as planned if. such discussions do not lead to. settlement expeditiously. ADMINISTRATIVE RECORD Pursuant to Section 113 (k) of CERCLA, 42 U..S .C. 9613 (k) , EPA will establish an administrative record containing documents rs_.s •.:that`�:fo:rm-�=t ie: -basis off= E-PA! ' dec -s-ion*' o_n—the response actions for the Site. The administrative record files may be inspected and comments may be submitted by contacting the OSC for the Site. The Administrative Record Files with corresponding index should be available for inspection at a repository near the Site within sixty (60) . days of initiation of on-site removal activities . SITE ACTIVITY OUTSIDE EPA ACTIONS If Salem Realty-, LLC is already involved in discussions with state. or other local authorities or involved in a lawsuit 'regarding this Site, Salem Realty, LLC should continue. .such activities as it sees fit . This letter- is not intended to advise or .direct you to restrict or discontinue any .su.ch- act ivities . However, Salem .Realty, LLC is advised to report. the status of any such. discussions or actions in its response to this letter and to provide a copy of its response to any other parties involved in those discussions or actions. CONSENT TO ACCESS EPA requests access to your property, the Site, t-o perfGriai or oversee the response actions discussed above. This request is enclosed. l PURPOSE AND USE OF THIS NOTICE LETTER The. fac.tual and legal discussions .contained in .this letter are intended solely to provide. notice -and information. Such discussions are not intended to be, and cannot be, relied upon. as EPA' s final position on any matter set forth herein. Due .to- the seriousness of the environmental and legal problems posed ,by ..conditions at the Site, EPA .urges that -you give immediate attention and provide a-.prompt response to this letter. By copy of this letter EPA is notifying the Commonwealth of Massachusetts and .the Natural Resources. Trustees .of EPA's intent to perform, onto .enter into negotiations for the performance or financing of, response actions at the- Site . Thank you for your attention to this matter-.. . Sinc rel , - Emergency Planning and Response Branch R - - Enclosures CC: Athanasios Hatzopoulos, EPA On-Scene Coordinator OSRR Sharon C. Fennelly, EPA Enforcement Coordinator - OSRR Holly Inglis, EPA Administrative Records Coordinator - OSRR Jane Guy, Salem. Planning Department Anthony Guarciariello., MADEP Andrew Raddant, Acting Environmental Officer, U.S. Department of the Interior . .Ken.Fi`nkelstein, .National. Oceanic and Atmospheric Administration 94ARy OF-GENERIC SCOPE OF c 'IRK This summary of the Generic Scope of Work is provided for informational purposes only. More detailed provisions. will be Set forth in t'he Oita- specific Scope of Work. Provisions array vary from site to site. J When EPA. determines that a Potentially Responsible Party (PRP) has the abilit- to promptly and properly prevent, mitigate, or eliminate the 'threats posed by .hazardous substances at the Site,: EPA may issue an Administrative Order_ (Order) .to such party (the Respondent) with an attached Scope of Work (SOW)-. The Order and SOW, among other things, compel the Respondent to develop a plat to clean the Site. The components of the plan (also called a "deliverable") must be submitted to EPA for approval before implementation. Detailed instructions for generating each component shall be -provided. in -the- SOW. The plan shall consist -of the components ligted below. l) Site Security - The Respondent shall provide on-site security service. Site security. shall be maintained until .EPA determines the threats posed by conditions at- the Site are eliminated or substantially mitigated. 2) Notification -.of Contractor Selection - The Respondent. shall notify EPA of the proposed cleanup contractor selected to perform work -required under the Order. 3 ). Site-Specific Health and Safety. Plan (HASP) The Respondent shall . develop ??a.:,iin -emelit :a_HA, _..fo. l:l�.activpities,.,to.:b.e conducted• t.. the_Si �_....The..ISP shall be developed to protect all on-site personnel and must comply with all applicable health and safety regulations . 4 ) Quality Assurance Plan (QAP) - The Respondent shall- develop a QAP to be utilized in conducting all field and laboratory analysis. . The QAP shall ensure that analytical results generated are of known quality. 5) -Site Assessment Plan .(SAP). - The Respondent shall develop a SAP specifying the overall strategy of the field investigative work necessary to characterize site contamination. 6) Site Assessment - A Site Assessment shall be conducted following EPA approval . of .the SAP. 7) Site Assessment Report and Cleanup Plan (SAR/CP) - Following completion of the Site Assessment, the Respondent shall develop- a SAR/CP that summarizes the Site Assessment and proposes cleanup methods necessary to substantially mitigate and/or eliminate the threats posed by hazardous substance, s . Present at the Site_ - 8-) Site Cleanup' - The Site Cleanup shall be conducted according to the EPA approved Cleanup Plan. 9) Completion of Work Report (CWR) - Upon completion of 'the Site Cleanup, the Respondent shall submit a CWR summarizing the .work performed under the Order and SOW .and outlining any remaining contamination. At any .tiTie. prior to or after the completion of the -work specified in this \ SOW, EPA may determine that additional tasks are necessary in order to achie J the objectives_ of the Order, the SOW and CERCLA. - - • `SED STgr - �`' Fs. UNITED STATES ENVIRONIVIENTAL PROTECTION AGENCY <� yW REGION 1 ---- i JOHN F.KENNEDY FEDERAL BUILDING yF BOSTON, MASSACHUSETIS 02203-0001 111 PR,o f Enforcement Confidential Materials Attached MEMORAND DATE: May 26, 1998 SUBJECT: Request for a Removal Action at the Flynntan" Site, Salem, Massachusetts - ACTION MEMORANDUM F'ROM: Athanasios Hatzopoulo- s; On-Scene- Coordinator Site Evaluation and s- --e Section II TERU: Steven R. Novick, Chie _ Site Evaluation and Respo se' II TO: Patricia L. Meaney, Director Office of Site Remediation and Restoration I,. PURPOSE r -The-=purpose•--pf th-i-s AQti,'an-- a -t- meran m =-is a-r t equas• and: r: document approval of the proposed removal action at the Flynntan Site (the Site) , _ which is located at 70-92 Boston Street in. Salem, Essex County, Massachusetts . Hazardous substances present in drums .and on the _ floors of , the manufacturing building, if not addressed by. i.mplementing the -response actions selected in this Action .Me.morandum,_ will continue to pose a threat to human health and the environment . There are no nationally significant or precedent-setting ssues .associated with- this - Site, and there' has. been no use of the. OSC' s $50, 00b warrant authority. II. SITE CONDITIONS AND BACKGROUND CERCLIS identifier: MAVV VLJ.JJ2J✓ SITE Id..nt 11 iel . 0i✓t Category of Removal : Time-.Critical 1 imemei Addmss(URL)a hrp:1hvww.9aa.gov 3_g�op �3�jcls uea ptmsad_i l„Veg .a;te-7 Bawd:r.',s en aacyctsr Paper(MILm urn 25 Sita' TJescri Lion 1 1 . Removal Site Evaluation In November 0f .1997, the City of Salem, Planning ,Department (the City) referred this .Site to the Emergency Planning and Response Branch (EPRB) . The City' s concern was that hazardous wastes may .have existed -on-Site . Since .1996 .the .City had repeatedly informed the owner that the . City' s primary goal is .to see the Site environmentally cleaned up and returned to productive- use. Furthermore, the City was. concerned that portions -of the Site were rented illegally to tenants and other portions of the building were used by children as a clubhouse. On December. 4, . 1997, EPA sent a- .request. .for access .to the property. owner. for the purposes of .conducting a Preliminary Assessment/Site Investigation (PA%SI) . The owner.. refused EPA access . Consequently, on March 26; 1998,. EPA. issued a' Unilateral Administrative Order to the property owner, after which access was granted. On April, 14 & 16; 1998, the Emergency 'Planning and - Response Branch (EPRB) conducted a PA/SI which included- sampling of drums, soils, liquid samples from pits, interior floors. and drains of the manufacturing building. Based on this: investigation, EPA documented that - � reral -of the--drums arelamrrrale: rrdveYal' �Cr` - �. drums contain caustic substances . Sampling analysis - also revealed that the floors and settling pits from the structure on the Site are contaminated with chromium as well polychlorinated biphenyls (PCBs) .. In addition, lead contaminated soil was detected under a pile of .animal hides on the -exterior. grounds of the Site adjacent to the structure. The PA/SI was concluded, and a removal action was recommended in the closure memorandum dated April 28, 1998, to remove the contaminated substances . The results of the PA/SI are documented in the report entitled Removal Pro ram Preliminary Assessment Site� Iiivesticration for the Flynntan Site Salem Massachusetts, dated May, 1998 . 2 . Physical Location The Site is. located at 70-92 Boston. Street in ,Salem, Essex county; Massachusetts. The Site is further defined ir, Book 13751, Page 323 , Essex Count,, Re.;ist_.v of Deeds, Salem, Massachusetts . The approximate \ G ) - data fade and longitude of the Site are 42031112"N and 70054138"W. The Site is bordered to the north by Goodhue and Beaver Streets; to the south by Boston Street to the west by a residential/commercial area; and to the east by the intersection of Boston Street and Goodhue Street . Private residences are located within 100 feet of the. Site boundaries: Land use in the immediate vicinity is mixed residential/commercial. The Site is situated less than half of a mile from the North River Canal which flows into the Salem Sound. 3. Site Characteristics The Site is .approximately 1. 9 acres and it is fenced. However, evidence of graffiti and -other vandalism activities clearly indicates that trespassing is a common occurrence . A large wood/brick structure and several parkin g g areas are ocated within the Site. -This structure--is -made up. of -two buildings which are. joined. One portion is a 4-story wood/metal frame building and was used for the leather tanning operations (building-a) . The. building' s exterior is covered: by asbestos shingles that are falling off. The interior has sustained 2 fires . The rest of the structure is made up of a newer 2-story, brick sided building that . is in better structural . condition (building-b) . Building-a is not occupied. However, building-b on. the' day of the PA/SI, was illegally occupied by ,two tenants (a construction company and a. storage/shipping business) . Most of the windows and missing or . have been replaced by ._temporary plywood. '. the Site has three parking areas that . are adjacent to the structure . Historical information indicates that the Site contains 4-6 underground storage tanks possibly containing heating oil . The PA/SI revealed_ that. approximately 21, 55-gallon drums are -located inside the Site ' s structure. Most were on the first floor of building-a, - and had various labels such as : flammable, corrosive, formic acid, degreasing- solvent, . chrome complex in isopranol, SYN FOCI insecticide, and sodium acetate . Thd first floor and .it.s- drains are littered with powders and tanning process., -residues.. . There is an approximately 101x15' settling Pit that is filled with 5 ' of liquid and about 1 ' Of sludge. The . r.est of the floors are littered with boxes, paper, and trash from, vandalism and other trespassing activities. Building-b contains another Pit- that is filled with liq,-id and sludge like material The exterior g-rouhd� of the Site are paved except for l one small area that is adjacent to south portion. of _building-a: . This area showed signs of stressed . vegetation, soil discoloration and also had a- pile of decomposing. animal hides . During -the day of the PA/SI the City' s Fire and Building. Departments visited. and inspected- the Site . After the.ir . inspection the Building Department determined the entire structure unsound for .habi.tation and condemned . it by posting signs on every entrance to the Site. 4 . Release or Threatened Release into the Environment of a Hazardous Substande. or Pollutant or Contaminant The following. hazardous. substances as defined in -CFR 261.2 and 302..4 as --seen -in Table 1 were detected .in samples collected during the - PA/SI conducted at the: Site. . The concentrations listed are matched _to -the EPA list of hazardous substances and the Massachusetts. Department of Environmental Protection' s (MADEP)_ Soil category standards . They are the highest ones reported for that particular waste stream. TABLE 1 MEDIA HAZARDOUS CONCENTRATION MADEP SOIL EPA : DRY WEIGH r C ATEGORZI M`. pprn STANDARDS PPm sludge from lead 2,630 300-600 vats residues/ chromium 233000 1,000-5,000 dirt on floors & . arsenic 126.1 30 drains , drums ignitables 190 corrosive >13 pH >>-12.5 soil lead 1,450 300-600 � r f 1 • 5 , NPL Status The Site. is currently not listed on the National Priorities List . The Site is not, at this time, being evaluated by the Agency for Toxic Substances and Disease Registry (ATSDR) . B. Other Actions to Date 1.. Previous Actions From .1996, the City of. Salem has been in contact with the owner regarding the cleaning and possible redevelopment . o.f -the Site. In October 1997, the City, s Building Department,-- due to a complaint -received by the Sa'lemon..�ne.ighborhoo.d.__Improvement Task ..Force., ._:had. conducted .a building inspection of the Site. The City on October 15, 19971. notified the owner. of illegal rental of the property. 2 . Current -Actions This will be. EPAs first removal action conducted at the Site . -C. State and Local Authorities' Roles background information. The MADEP has been contacted by EPA and is expected to .assist EPA by providing technical comments on the proposed removal -action and generating a list of regulations for consideration as - applicable or relevant and appropriate ..- ' .Neither .state nor local authorities have the resources to remove the hazardous substances abandoned at `the Site . III. 'THREATS TO PUBLIC HEALTH OR WELFARE OR THE 'EWIRONMENTo AND STATUTORY AND REGULATORY AUTHORITIES A. Threats to Public Health or Welfare There is clear evidence from raffi ti ??,d other �.-- g -- h �...n dalis�a� activities that c'r�iidren and others are entering' the S; te. .. The area around -the Site is heavily populated- both .residentially and. commercia.11y. The closest residential property is less than 100 feet away from the Site,. A iestimated 2.; 000 people„ reside/work .25 miles of the Site . A day -dare facility- is located . 2 miles `west -of the Site. ;\ Within a 1-mile radius there are 5 other 'schools, one- of which is Salem High School . The primary human receptors of concern are children who may enter the Site, and come- into contact with the contaminants, and others who work and/or engage in- recreational activities on .the adjacent properties.. Based on Site conditions and information available on the hazardous substances present, the Site poses the following threats to public health or welfare. 40 CFR 300 .415 (b) (2) (i) Actual or potential .exposure to nearby human populations,, animals, or the. food chain from hazardous substances or pollutants or contaminants Chromium, PCB and lead contamination on the floors and settling pits of building-a; pose . a direct contact threat. to individuals who may :enter the Site . These: - constituents may. also escape to the exterior by means of open pathways. Corrosive and .ignitable substances in building-a pose a direct contact threat to children or trespassers entering the Site 40 CFR 300.415 (b) (2) (iii) Hazardous substances or pollutants or contaminants in drums,_ barrels, tanks., or other bul',,: atoraye containers, that may pose_ a threat ' of release Ignitable and corrosive substances in drums may pose. a direct contact,. threat to individuals entering the Site. 40 CFR 300.415 (b) (2) (iv) High levels of hazardous substances or pollutants or contaminants in soils largely at or>near the surface;- that may migrate Lead on surface soils may migrate via wind or surface runoff onto adjacent properties . The Site is adjacent to private residential properties and less than . 5 miles away from the North River Canal .which -flows into the Salem Sound. The proximity of the contaminated areas of the Site may increase this threat of migration to the adjacent properties . 40 CFR 30.0..41 5 (xb) (2) (vi) Tilr.eat of fire or Criul08i0i1 ignitable hazardous substances in drums exist at the Site . The structure has clearl,41 been vandalized by trespassers . Building-a ' s floors. are covered with JY - paper and .other trash from vandalism and other trespassing activities. These conditions pose a threat of fire or explosion. If a fire does occur in the building, the _subs.tances present would be released in the atmosphere . , 40 CPR 300 .415 (b) (2) (vii) The availability of other - appropriate federal or state response mechanisms to respond to the- release Neither state nor local authorities have the resources to address the contaminated surface soils at the Site. Chromium-Children who" come in contact with Chromium contamination may be at increased risk of developing noncancerous health effects possibly including skin irritation ar_d..contact dermatitis . Inhalation of airborne dust particles is a possible route of exposure. . PCBs- Exposure to PCBs pose a variety of health impacts. PCBs are classified as . a B2 probable human carcinogen, are liver toxins and possibly cause peripheral neuropathy (nerve disease in extremities) . PCBs have been found to cause rashes (edema of face and hands, simple .erythematous eruptions .with pruritus, acute eczematous contact dermatitis, and chloracne) . subcutaneous edema and hyperp.igmentation of skin and mucous �liml ebranes; excessive sectetlons from the eyel . (hyperactive Meibomian glands; .conjunctivitis; and and hyperplasia of epithelial layer of hair follicles; " increase in liver size (hepatic (hypertrophy) ; decreases in number of red blood cells and hemoglobin; serum ,hyper lipidemia; and increases in numbers of white blood cells in the body (leukocytosis) . Various _studies have found that exposure to PCBs may cause irregular menstrual cycles, and increased PCB serum levels may cause pathological pregnancies (toxemia of- . Pregnancy, .and abortions) stillbirths, underweight births, etc . . Mother' s milk contaminated with PCE-' s appears to be a source of exposure for infants'. Developmental abnormalities have been observed in -PCB-intoxicated infants . LEAD- Lean is a probable human carcinogen:, since been proven to cause kidney -cancer in laboratory animals . Exposure to high levels of lead can cause brain and' kidney damage. Dead- exposure may increase blood pressure in middle-aged men and has been .knowr;. to f. - --._.damage- parts of the male reproductive system". Lead is also well -known for its effects on young children, who are more likely to be exposed to lead due to hand-to- mouth -activity. , in children, lead exposure has been shown to decrease intelligence (IQ) scores, slow their growth, and cause hearing problems . If a pregnant woman is exposed to lead, it can be carried to the unborn child and cause premature birth, low birth. weight, or even abortion. ARSENIC- Inorganic arsenic is a .human poison. The DHHS has determined that arsenic .is a known carcinogen. Breathing inorganic arsenic increases the risk of lung cancer. Ingesting inorganic arsenic increases .the risk of skin cancer and tumors of the bladder; kidney, liver and lung. . -B. Threats t0 the Environment The Site is s.ituated .less than one half of a mile from the North River Canal which flows into the Salem Sound. Potential receptors of the contaminants may include fi.sh .and other organisms such as shell fish dependent upon the North River Canal and Salem Sound. Portions of the river and sound are used for recreational activities such. as swimming and recreational fishing. The Site poses the following threats to the environment : 40 CFR 300 .415 (b) (2) (i) . Actual or .potential exposure to -nearby- h�xm `j�opulicsn's; ari'imals or" tie `food cfiain _ _ ..__-.: from hazardous substances or pollutants or contaminants" PCBs, lead -and chromium contamination at the Site may pose •a contact threat to ecological receptors and may .enter the food chain. 40 CFR 300 .415 (b) (2) (iv) "High levels of hazardous. substances or pollutants or contaminants in soils largely at or near- the surface, that may migrate] Lead contamination in surface soils may miarate via surface runoff. The proximity of the contaminated areas to the . surface waters may increase this threat- of migration 40 CFR 300.415 (b) (2) (vii) The, availability of other appropriate federal or state response mechanisms to _espond to the release -state no_r loc-a-1 -authorities have the. resources to address the contaminated surface soils at the Site. IV. ENDANGERMENT DETERMINATION Actual or threatened releases of hazardous substances at or from this Site, if not addressed by implementing the response action selected in this Action Memorandum, may present an imminent and substantial endangerment to public health, or welfare, or the environment . V. PROPOSED ACTIONS AND ESTIMATED COSTS A. Proposed Actions 1. Proposed Action Des"cription. The actions "required to mitigate the "threats outlined herein, are given below. At this time, indications are that the PRPs will not perform this work The proposed actions - will- protect public health, welfare and the environment by preventing people or animals to come into contact with- the contaminated areas of the Site. The proposed actions are as follows-: 1) take measures to prevent unauthorized access to the Site. These measures may include repairing or , installing additional security fencing and/or providing -2.4• hour securiy ---dur_i:n the e val ,a St it es. 2) conduct additional sampling of interior and exterior floor surfaces as well as drums, pails and settling pits; 3) the. hazardous .waste contamination on the floor surfaces will be .swept up, consolidated and staged. The content of drums, vats, containers and settling pits, will be categorized, containerized, and staged. The exterior lead contaminated soil will be collected and staged. All waste streams will be manifested and shipped off-site for appropriate re-use or disposal 'at an" EPA-approved disposal facility. 2 . Contribution to Remedial Performance Performing this removal action will contribute to remedial performance .and protect public health and the environment by eliminating the potential for exposure ,to coI?tarctinaCed, areas of the S Lte arL-1 preV-_nL1T1g LL._ ' -- --- - further release--o-f- hazardous substanoes-t-o-'t-he- environment . 3 . Applicable or Relevant and Appropriate Regulations The cleanup standards, standards .of control, and other substantive requirements that have been identified to- date, are-listed below, . and are applicable within the confines of EPA Publication 540/P-91/011, "Superfund Removal Procedures : Guidance on the Consideration of ARARs During Removal Actions.. " FEDERAL; ACTION-SPECIFIC 29 CFR Parts 1910 1926 and 1904 : OSHA Health and Safety Regulations -40- CFR 'Part 262 Standards Applicable to Generators of Hazardous Waste Subpart B - The Manifest 262 .20 : General. requirements for manifesting 262 .2.1 : Acquisition of manifests 262 .22 : Number of copies of manifests 262 . 23 : Use of the manifest Sub art C - Pre-Trans ort Re P p quirements 262 .30 :Packaging 262 . 31 Labeling Ma z . n Subpart D - Recordkeeping and Reporting 262 .40 Recordkeeping 40 CPR Part 264 Standards for Owners and Operators of Hazardous waste Treatment, Storage, and Disposal Facilities: - . Subpart I - Use and Management of Containers 264 . 171 "Condition of containers 264 . 172 :Compatibility of waste with containers 264 . 173 Management of containers -26-4 ..174 Inspections of containers 264 . 177 Special requirements for incompatible wastes 40 CFR Part 264 Hazardous Waste Reculations - RCRA Subtitle C: V i J � E f - " F l - 2"68-270 : Hazardous and Bodid- Waste Amendment-s- - Land Disposal Restrictions Rule 40 CFR Part 300.440 Procedures for Planning and Implementing Off-Site Response. Actions (Off-Sit.e Rule) 40 .CFR Part 761 . 60 and Parts 761 .202-218 c TSCA . requirements for disposal of PBS 49 CFR Parts 171-179 : Department of Transportation Regulations for Transport of- Hazardous Materials The OSC has requested that the Massachusetts Department of Environmental Protection .identify .State ARARS: for, consideration by the OSC. B. Estimated Costs and Schedule The .OSC -has prepared an independent -government estimate of . the cost associated with carrying out the proposed actions outlined above. A summary of this estimate is given below. The action is anticipated to be complete within eight months of its commencement . EXTRAMURAL COSTS ERCS COSTS: . Labor . & Equipment $ 75, 000- Labnalysis 5 000 Transportation & Disposal $�5b FRCS COST TOTAL $ 130, 000 START COSTS S 50 , 000 SUBTOTAL, EXTRAMURAL COSTS $ 180, 000 EXTRA COSTS. CONTINGENCY (20a of Subtotal; Extramural costs) +$ 36 , 000 TOTAL EXTRAMURAL COSTS $ 216, 000 INTRANURAL COSTS Labor, Expenses, Subsistence S 70, 000 T33'A:.:, REMOVAL PROJECT CEILING $ 286, 000 i4c, EXPECTED- CHANGE IN -THE SITUATION SHOULD .ACTION--BE-DELAYED=-OR NOT TAKEN In the absence of the removal action described herein, conditions / at the Site can be expected to remain unaddressed, and threats associated with the abandoned hazardous substances will .persist . VII. OUTSTANDING POLICY ISSUES There are no known policy issues that are outstanding with respect to this removal action. VIII. ENFORCEMENT - ATTACHED- TO. THIS DOCUMENT FOR INTERNAL DISTRIBUTION ONLY IX. RECOMMENDATION This decision document represents the selected removal action for the Flynntan Site in Salem, Massachusetts, developed in accordance with CERCLA, as amended, and not -inconsistent with the National Contingency Plan .(NCP) . The basis for this decision will be. documented in the Administrative Record to be established for this Site. ' `� C'bnd tions at the" Site meet the- -NCP--Se'ct'ion 3001:415 (b5� f 2)• criteria fora removal due to the following: "Actual or potential exposure to nearby human populations, animals, or the food chain from hazardous substances or pollutants or contaminants" E§300 . 4.15 (b) (2) (i) I , "Threat of fire or explosion" [§300 .415 (b) (2) (vi) ] "Hazardous substances or pollutants or contaminants in drums, barrels, tanks, or other bulk storage containers, drat may pose a threat of release" [§3.,00 . 415 (b) (2) (i i i) ] . "Weather conditions that may -cause hazardous substances or pollutants dr contaminants to migrate or be released" [§300 . 415 (b) (2) (v) ] . "The availability of other. appropriate federal or state response :mechanisms to respond to the release [§300 . 41 5 (b) (2) (vi i) ]. . _ r- xec•ommend .you approve $_.=.2.a.&-,.lo-0-0 to. initiate the- remova-1 . action = proposed above, of. wh'Lch as much as $ 156, 000 is .-from, the EPA removal .allowance . Expenditure will be limited to the categories of START a-nd rntramiural for the purpose of. mor!itoring_ compliance with an Administrative Order, should the- PRP perform the cleanup. RC JA L APP . DATE: DISAPPROVAL: DATE: