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26 HERSEY STREET NOTICE OF AUL IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII SO,ESSEX 0284 RAW 4 W Pg.481 07/08/2022 01:00 NOTC RUL P9 1/14 Form 1075 Note: Pursuant to 310 CMR 40.1074(5), upon transfer of any interest in or a right to use the property or a portion thereof that is subject to this Notice of Activity and Use Limitation, the Notice of Activity and Use Limitation shall be incorporated either in full or by reference into all future deeds, easements, mortgages, leases, licenses, occupancy agreements or any other instrument of transfer. Within 30 days of so incorporating the Notice of Activity and Use Limitation in a deed that is recorded or registered,a copy of such deed shall be submitted to the Department of Environmental Protection. NOTICE OF ACTIVITY AND USE LIMITATION M.G.L. c. 21 E, § 6 and 310 CMR 40.0000 -fFove-41 c:J-dc,-S�, Disposal Site Name: Former Marquis Cleaners, 26 Hersey Street, Salem, MA DEP Release Tracking No.: 3-10329 This Notice of Activity and Use Limitation ("Notice") is made as of this _ day of July, 2022, by Nimila, Inc., a Massachusetts corporation with a business address of 36 Jefferson Avenue, Salem, MA 01970, together with his/her/its/their successors and assigns (collectively "Owner"). WITNESSETH: WHEREAS, Nimila, Inc. (Name of Owner), is the owner in fee simple of that certain parcel(s) of land located in Salem (Town/City), Essex County, Massachusetts with the buildings and improvements thereon, pursuant to a deed recorded with the Essex South District Registry of Deeds in Book 25604, Page 379; WHEREAS, said parcel(s) of land, which is more particularly bounded and described in Exhibit A, attached hereto and made a part hereof ("Property") is subject to this Notice of Activity and Use Limitation. The Property is shown on a plan recorded in the Essex South District Registry of Deeds in Deeds Book 1438, Page 600; WHEREAS, the Property comprises all a disposal site as the result of a release of oil and/or hazardous material. Exhibit B is a sketch plan showing the relationship of the Property subject to this Notice of Activity and Use Limitation to the boundaries of said disposal site existing within the limits of the Property and to the extent such boundaries have been established. Exhibit 13 is attached hereto and made a part hereof; and WHEREAS, one or more response actions have been selected for the Disposal Site in accordance with kI.G.L. c. 21E ("Chapter 210) and the Massachusetts Contingency Plan, 310 CMR 40.0000 ("MCP"). Said response actions are based upon (a) the restriction of human access to and contact with oil and/or hazardous material in soil and/or groundwater and/or(b)the restriction of certain activities occurring in, on, through, over or under the Property. A description of the basis for such restrictions, and the oil and/or hazardous material release event(s) or site history that resulted in the contaminated media subject to the Notice of Activity and Use Limitation is attached hereto as Exhibit C and made a part hereof, NOW, THEREFORE, notice is hereby given that the activity and use limitations set forth in this Notice of Activity and Use Limitation are as follows: 1. Activities and Uses Consistent with Maintaining No Significant Risk Conditions. The following Activities and Uses are consistent with maintaining a Permanent Solution and a condition of No Significant Risk and, as such, may occur on the Property pursuant to 310 CMR 40.0000: (i) Commercial, industrial, and/or retail uses and activities; (ii) Use without limitation to pedestrian and/or vehicle traffic; (iii) Underground utility and/or construction work; (iv) Such other activities or uses which, in the Opinion of a Licensed Site Professional, shall present no greater risk of harm to health, safety, public welfare or the environment than the activities and uses set forth in this Paragraph; and (v) Such other activities and uses not identified in Paragraph 2 as being Activities and Uses Inconsistent with maintaining No Significant Risk Conditions. 2. Activities and Uses Inconsistent with Maintaining No Significant Risk Conditions. The following Activities and Uses are inconsistent with maintaining a Permanent Solution and a condition of No Significant Risk pursuant to 310 CNIR 40.0000, and, as such, may not occur on the Property: (i) Development or use of the existing building for residential purposes; (ii) Use of the Property as a school, daycare facility, recreational area, and/or other such uses at which a child's presence is likely on a daily basis; (iii) Use of the building without the continuous operation and maintenance of the sub-slab depressurization system (SSDS) that functions as an Active Exposure Pathway Mitigation Measure ; and (iv) The alteration and/or expansion of the existing building foundation or the redevelopment of the Property in anyway without completing a vapor intrusion pathway assessment by a Licensed Site Professional (LSP). 3. Oblip-ations and Conditions. The following obligations and/or conditions are necessary and shall be undertaken and/or maintained at the Property to maintain a Permanent Solution and a condition of No Significant Risk : (i) The Active Exposure Pathway Mitigation Measure comprised of a SSDS located on the rear exterior wall of the building shall be operated according to the operating regimen specified in the Permanent Solution Statement submitted to the Department of Environmental Protection to ensure a level of No Significant Risk is maintained for the Receptor(s) of concern under normal operating conditions; (ii) The Active Pathway Mitigation Measure shall employ remote monitoring technology that alerts the property owner and operator and the Department of Environmental Protection immediately upon loss of power, mechanical failure or other significant disruption of the effectiveness of the system; (iii) In the event of any suspension or failure of the Active Exposure Pathway Mitigation Measure, immediate steps shall be taken to return the Active Exposure Pathway Mitigation Measure to full operating condition; (iv) If such suspension or failure of the system lasts 30 consecutive days, written notice shall be provided to both Department of Environmental Protection and any non-transient building occupant who may have experienced exposure to oil and/or hazardous material as the result of the system failure or suspension on the 30th day from the start of the suspension or failure period; this notice shall document the reason for the suspension or failure of the system, any efforts taken to resume operation of such Measures, and the expected timeframe for resuming operation of such Measure; (v) Maintain the integrity of the concrete floor within the footprint of the building, including the evaluation by a Licensed Site Professional prior to any repair, replacement or restoration activities to ensure the floor system remains intact; (vi) Evaluation by a Licensed Site Professional prior to any redevelopment of this site or construction of a new building to determine acceptability for future uses; and (vii) Any excavated soil removed from the Property must be managed in a manner consistent with the MCP provision "Management Procedures for Remediation Waste", 310 CMR 40.0030. 4. Proposed Changes in Activities and Uses. Any proposed changes in activities and uses at the Property which may result in higher levels of exposure to oil and/or hazardous material than currently exist shall be evaluated by a Licensed Site Professional who shall render an Opinion, in accordance with 310 CMR 40.1080, as to whether the proposed changes are inconsistent with maintaining a Permanent Solution and a condition of No Significant Risk. Any and all requirements set forth in the Opinion to meet the objective of this Notice shall be satisfied before any such activity or use is commenced. 5. Violation of a Permanent or Temporary Solution. The activities, uses and/or exposures upon which this Notice is based shall not change at any time to cause a significant risk of harm to health, safety, public welfare, or the environment or to create substantial hazards due to exposure to oil and/or hazardous material without the prior evaluation by a Licensed Site Professional in accordance with 310 CMR 40.1080, and without additional response actions, if necessary, to maintain a condition of No Significant Risk. If the activities, uses, and/or exposures upon which this Notice is based change without the prior evaluation and additional response actions determined to be necessary by a Licensed Site Professional in accordance with 310 CMR 40.1080, the owner or operator of the Property subject to this Notice at the time that the activities, uses and/or exposures change, shall comply with the requirements set forth in 310 CMR 40.0020. 6. IncMoration Into Deeds, Mortgages, Leases, and Instruments of Transfer. This Notice shall be incorporated either in full or by reference into all future deeds, easements, mortgages, leases, licenses, occupancy agreements or any other instrument of transfer, whereby an interest in and/or a right to use the Property or a portion thereof is conveyed in accordance with 310 CMR 40.1074(5). Owner hereby authorizes and consents to the filing and recordation and/or registration of this Notice, said Notice to become effective when executed under seal by the undersigned Licensed Site Professional, and recorded and/or registered with the appropriate Registry(ies) of Deeds and/or Land Registration Office(s). WITNESS the execution hereof under seal this.Cy\ day of JJ aV e , 2022. O ER: NIMILA, INC. A�Z By: Kevin S. Talbot, President COMMONWEALTH OF MASSACHUSETTS ss ZT, 2022 On this_day of ,J�,� , 2022, before me, the undersigned notary public, personally appeared Kevin S. Talbot (name of document signer), proved to me through satisfactory evidence of identification, which were 140 6, -,- , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that (he) (she) signed it voluntarily for its stated purpose. (as President for Nimila, Inc., a corporation) (official signature and seal of notary) 1 OFFICIAL 7­ is/ . , WILLIAM M. NOTARY P COMMONWEALTH OF M My Comm.EXP � The undersigned Licensed Site Professional hereby certifies that in his Opinion this Notice of Activity and Use Limitation is consistent with a Permanent Solution and maintaining a condition of No Significant Risk. Date: 1 0 Dennis P. Giustra,PE, LSP � �Opf MASSACyGs�f� o P U GwSioSA t No. Quo ��Q A COMMONWEALTH OF MASSACHUSETTS e, ftG-1 E ' cFNSfD SITE ss —�-� 2022 On this�day eennis 2022, before me, the undersigned notary public, personally appeare . Giustra (name of document signer), proved to me throu h atisfavidence of identification, which were SS to be the person whose name is signed on the preceding or attached document, and acknowledged to me that (he) (she) signed it voluntarily for its stated purpose. ROBERT F.ACOSTA 1 Notary Pubh Commonwaallh of Mu"'hu"tta 2` My ComR4551or ExOrn OUObM 26.Z 24 (official signature and seal of notary) Upon recording, return to: Kevin Talbot, President Nimila, Inc. 36 Jefferson Avenue Salem, MA 01970 EXHIBIT A (Description of Land Subject to AUL) A certain parcel of land on the northerly side of Hersey Street in Salem,Massachusetts, as shown as Lots 209 and 211 on a plan recorded with said ReDstry in Book 1438,Page 600 entitled "Plan of Land of James P. Almy in So. Salem showing Pacific St. and Vicinity" dated December 1894, drawn by C.A. Putnam, C.E., and being more particularly bound and described as follows: BEGINNING at a point(Point"A") on the northern side of Hersey Street,thence SOUTHERLY by Hersey Street, one hundred (100) feet; EASTERLY by Lot No. 213 on said plan, ninety-eight(98)feet; NORTHERLY by Lots Nos. 210 and 212 on said plan, one hundred(100) feet; and WESTERLY by Lot No. 207 on said plan,ninety-eight(98)feet to the point of beginning, containing 9,800 square feet(0.225 acres) of land, more or less. a m a a y E a� W ma EgulEA WW Z /�V N y'" U N W� v O L Lm W a m rn Tirng aWy ` a O ca -cam OyQ rn��' Z Es d� ` m W nk� CC C agmv°r��a `� f' q4 �� L (n 3 �- J 01 10 p otol � 0U' NQ L�7 O o v ��E ma Ef//yy� g ZQ N v. o a atR>O W Om U) O0 i LA N 01 I C Q m C Q N Ln M J 9; CL a CL N Z W Q 98.0' Z W Q N Yui CD W ry WF- 4A O t g NO c N � N W .0'86 = N a c 'o a N C C ry N + i i 0 N 133a1S �bNbJ EXHIBIT C Activity and Use Limitation Narrative In accordance with the requirements of the Massachusetts Contingency Plan (MCP), 310 CMR 40.1074(2), this Activity and Use Limitation Narrative has been prepared for the property located at 26 Hersey Street in Salem, Essex County, Massachusetts. As of the date of recording of the Notice of Activity and Use Limitation (Notice), with the Southern Essex District Registry of Deeds, the subject property is zoned Business Wholesale&Automotive(B4). Surrounding land is zoned Business Wholesale&Automotive(B4) and Residential Two-Family (R12). The 26 Hersey Street property consists of approximately 0.225 acres of land improved with a single, one-story, concrete block building built in 1958. Almost the entire site is either covered by the building or paved. Surrounding properties are primarily commercial or residential in nature. Historically, the building on the property has been used for commercial purposes and was once occupied by Marquis Cleaners, a drycleaners and laundromat. Currently, it consists of two (2) commercial units occupied by Witch City Auto Sales and Flowers by Darlene; however, to remain consistent with the designations used in prior investigations, the two (2) commercial spaces are referred to herein as"Talbot" Electric and"Safelite" Auto Glass, both former occupants of the building. Site History In August 1993, the Massachusetts Department of Environmental Protection (MassDEP) was notified of a release of No. 2 fuel oil from a former 330-gallon aboveground storage tank (AST) and release tracking number (RTN) 3-10329 was assigned to the 26 Hersey Street Disposal Site. At the time of notification, the site was occupied by Marquis Cleaners. The AST was used to supply fuel oil to a steam generator/boiler as part of the drycleaning business. In September 1993, the AST was removed and replaced with a temporary 275-gallon AST. At that time, nine (9) 55- gallon drums of oily soil and a small debris pile of asphalt, concrete and soil were generated from a shallow excavation in the vicinity of the former AST and stored at the Disposal Site. Petroleum impacted groundwater(650 gallons) was also removed from the excavation and transported to the United Industrial Services facility in Meriden, Connecticut for disposal. Although petroleum- impacted soil and groundwater reportedly remained at the site,no further work was conducted due to financial hardship and health conditions of the owner. In April 1994, MassDEP issued a Notice of Responsibility(NOR)to Marquis Cleaners stating that an Immediate Response Action (IRA) or Release Abatement Measure (RAM) was required to respond to the release of the fuel oil. MassDEP established an Interim Deadline of December 1994 to either Tier Classify the Disposal Site or submit a Response Action Outcome (RAO) Statement following the completion of the IRA or RAM. The Interim Deadline was not met. In May 1995, MassDEP categorized the Disposal Site as Default Tier IB. In December 1995,the drycleaning business was closed. On December 22, 1995,an IRA Plan was submitted to MassDEP. Following verbal approval of the IRA Plan by MassDEP, who stipulated additional oil and groundwater removal in the area of the No. 2 fuel oil release, the attorney(s) for the estate conducted additional cleanup activities. 1 On January 15 and 16, 1996, an attempt to conduct LRA activities was initiated by Northeast Environmental Geoscience, Inc. of South Hamilton, Massachusetts and Clean Soils Environmental. Following the excavation of approximately 8 to 10 cubic yards of petroleum- impacted soil from the former spill area, it was determined the extent of contamination was greater than anticipated. According to a report from Northeast Environmental Geoscience to MassDEP dated March 20, 1996, the impacted soil that had been removed was returned to the excavation area and test pits were performed to assist in defining the horizontal extent of contamination. Eventually all work was stopped and the attorney(s)were advised that additional testing should be conducted to delineate the extent of the release. However, no additional work was conducted at that time, apparently due to financial reasons. When the property was sold at municipal auction, the new owner wanted to return the Disposal Site into compliance with the MCP and continued with the proposed cleanup. In November 2000, remediation activities, including the removal of the temporary 275-gallon fuel oil AST, were conducted. Petroleum-impacted soil was excavated along the western side of the building and stockpiled onsite. On January 12 and 16, 2001, a total of 46.72 tons of soil was transported under a MassDEP Bill of Lading to the Aggregate Industries facility in Stoughton, Massachusetts for disposal. During excavation activities, approximately 700 gallons of impacted groundwater was also removed for off-site disposal/recycling at General Chemical Corp. Confirmatory analyses of groundwater and soils at that time revealed evidence of petroleum hydrocarbons, metals, and residual chlorinated solvents. The Disposal Site remained vacant and no further work was conducted until 2005, when two additional monitoring wells ('VIW-3 and MW-4) were installed at upgradient locations to assess current conditions. In May 2006, an additional site investigation was performed by IES, Inc. of Somerville, Massachusetts for Saugus Bank as part of a property transfer transaction. Seven additional soil borings (IES-1 through IES-7), all completed as monitoring wells, were advanced at the site. A review of the available analytical data showed elevated levels of petroleum hydrocarbons in soils in the western half of the site. Elevated levels of chlorinated solvents in monitoring wells in front of the facility building and in the area of the former leaking fuel oil AST were also identified. To protect occupants of the facility building from exposure to the chlorinated volatile organic compounds(cVOCs)present,IES recommended installing a passive vent system and vapor barrier under a new concrete floor.Indoor air readings collected before remodeling of the existing cracked floor reportedly contained levels of vinyl chloride that posed a potential risk to human health. The vent system and vapor barrier installation was completed by N.E. Liner Company and inspected by S.P. Engineering of Salem, Massachusetts. In September 2006, a copy of the report prepared by S.P.Engineering documenting completion of the vent system and vapor barrier installation was provided to MassDEP in support of Tier Classification of the Disposal Site. In April 2007, MassDEP issued an NOR to Nimila, Inc. indicating that either an RAO Statement or Tier Classification Submittal must be submitted to MassDEP.In January 2008,MassDEP issued a written extension of the deadline for Tier Classification. In June 2009, Pennoni Associates Inc. of Andover,Massachusetts was retained by S.P. Engineering to provide Licensed Site Professional (LSP) services to continue Response Actions at the Disposal Site. In June 2008, a Phase I Initial 2 Site Investigation (ISI)Report and Tier Classification submittal was submitted to MassDEP. The Disposal Site was classified as Tier H. In July 2009, following an audit of the Phase I ISI report and Tier Classification submittal, MassDEP issued a Notice of Audit Findings and a Notice of Noncompliance(NON)to Nimila for failure to determine the appropriate extent of the release and to submit IRA Status Reports as required by the MCP. In September 2009, an Audit Follow-up Plan was prepared and submitted to the MassDEP. On September 29, 2009, MassDEP issued an Audit Follow-up Plan Approval. In January 2010, an IRA Status Report was submitted to MassDEP. In February 2010, utilizing the components of the existing passive sub-slab venting system, a Fantech® fan was installed at the rear of the building in-line with the stack piping to create an active sub-slab depressurization system (SSDS). In March 2010, following the modification, indoor air samples were collected from the building to verify the effectiveness of the new active system. Samples were collected from the Talbot Electric and Safelite Auto Glass portions of the building, as well as the stack (exhaust) of the system. The samples were collected during continuous operation of the sub-slab system and analyzed for volatile organic compounds (VOCs) via Modified U.S. EPA Method TO-14A. Concentrations of tetrachloroethylene (PCE) at both indoor sample locations were significantly reduced from the previous indoor air sampling event (February 2009), indicating that the likely source of contamination was from the subsurface and not the building itself. In June 2010,May 2011, and January 2012, IRA Status Reports were submitted to MassDEP. On January 19, 2012, MassDEP issued an NON to Nimila for failure to submit Phase II, 111, and IV documents within MCP deadlines. In October 2012, an enforcement conference was held between MassDEP and Nimila. In November 2012, MassDEP and Nimila entered into an Administrative Consent Order with Penalty (ACOP)and NON, which established new reporting deadlines. In November 2012, a combined IRA Status Report and IRA Plan Addendum was submitted to MassDEP. The objectives of proposed IRA activities were to reduce the concentration of cVOCs in groundwater at the site via the injection of a chemical additive into the impacted saturated zone. The IRA Plan Addendum was denied by MassDEP. In January 2013, MassDEP issued an IRA Plan Modification Denial; Notice of Need to Conduct IRA and Interim Deadline letter to Nimila. As most of the information requested in the denial letter had already been developed or was being completed as part of Phase II activities,the Interim Deadline for a Modified IRA Plan was waived by MassDEP pending the submittal of the Phase II report. In February 2013, three (3) new monitoring wells (MW- 9 through MW-11) were installed downgradient of the Disposal Site on an adjacent property at 151 Canal Street. In March 2013, an initial Phase II Comprehensive Site Assessment (CSA) Report was submitted to MassDEP. The initial Phase II CSA report included an evaluation of the need for an IRA that concluded the only conditions at the Disposal Site which warranted an 1 RA were those already identified and related to cVOC impacts to indoor air. 3 In April 2013,MassDEP requested a meeting with Nimila to discuss the Phase II report. As a result of the meeting, MassDEP required the completion of additional Phase II activities. It was also determined that any remedial activities at the Disposal Site should be conducted under a RAM or in Phase IV, rather than under the IRA. In May 2013, MassDEP issued an amended ACOP to Nimila. In May 2013, an IRA Status Report was submitted to MassDEP in accordance with the ACOP. In August 2013, two(2) additional test borings were advanced at the Disposal Site and completed as 2-inch diameter monitoring wells designated MW-4 (new) and NM-12 as part of supplemental Phase II activities. In August 2013, a Revised Phase II CSA report was submitted to MassDEP, followed by a Phase III Remedial Action Plan (RAP) in September 2013. The Comprehensive Remedial Action(CRA)selected in the Phase III RAP was the implementation of in-situ chemical oxidation (ISCO)to address residual cVOC groundwater impacts at the site. In October 2013, a Phase IV RIP was submitted to the MassDEP. In November 2013, an IRA Status Report was submitted to MassDEP. On July 1, 2014, an IRA Plan Addendum and Post- Audit Completion Statement was submitted to MassDEP. Phase IV activities to implement ISCO at the Disposal Site were conducted during August through October 2014 utilizing six (6) permanent injection points (P-1 through P-6) around the exterior of the building. A total of 3,950 gallons of RegenOxTm ISCO reagent were injected into the saturated zone utilizing these chemical injection points. In October 2014,the existing SSDS fan was replaced with a new fan designed to overcome the constraints posed by densely compacted material beneath the slab. In November 2014, a Phase IV Final Inspection Report and Completion Statement and a ROS Opinion was submitted to MassDEP. In December 2014, an IRA Status Report was submitted to MassDEP. In April 2015, TTI Environmental, Inc. of Methuen, Massachusetts was retained to continue IRA and ROS activities at the Disposal Site. In May 2015, the SSDS fan installed in October 2014 was replaced with another fan designed to provide higher air flow than the previously installed fan. In May 2015, an ROS Status Report and an IRA Status Report were submitted to MassDEP. In November 2015, EnviroTrac, Ltd. of North Andover, Massachusetts was retained to continue ROS and IRA activities at the Disposal Site. An ROS Status Report was submitted to MassDEP in November 2015 and an IRA Status Report in December 2015. In January 2016, a second round of ISCO was conducted at the Disposal Site utilizing a temporary injection well (P-7) installed inside the Talbot Electric portion of the building, as well as two (2) permanent injection points outside the building. Approximately 1,700 gallons of a sodium permanganate(NaMNO4) chemical additive was injected into the saturated zone utilizing this well and injection points. In February 2016, a sub-slab soil gas grab sample was collected from the stack of the existing SSDS to evaluate the effectiveness of chemical injection activities beneath the Talbot Electric side of the building. The sample was collected using a Summa canister and submitted for cVOC analysis via U.S. EPA Method TO-15. PCE was detected in the stack exhaust sample at a concentration exceeding the MassDEP sub-slab soil gas screening value. Based on the stack sample findings and the correlation with previous sampling rounds, no indoor air samples were collected following the January 2016 chemical injection activities. 4 In March 2016, however, sub-slab soil gas samples were collected from permanent monitoring points inside the building, one(P-2) on the Talbot Electric side and one(P-3) on the Safelite side. The samples from these locations were also collected using Summa canisters and submitted for cVOC analysis via U.S. EPA Method TO-15. PCE was detected in the sub-slab sample from the Safelite side of the building at a concentration which exceeded the sub-slab soil gas screening value, but no cVOCs were detected in the sub-slab sample from the Talbot side of the building above screening levels. Following an evaluation of these results, it was determined that the chemical injection activities beneath the slab on the Talbot side of the building had reduced PCE concentrations in the subsurface and that the elevated levels present in the exhaust from the SSDS could potentially be attributed to existing conditions beneath the Safelite side of the building. As a result, further assessment of conditions beneath the Safelite side was conducted in June 2016. Groundwater samples were collected from three(3), temporary,one-inch monitoring wells(TW-1 through TW- 3) installed under the direction of EnviroTrac to assist in characterizing existing conditions beneath this portion of the building. Details of these activities, which were indicative of a potential source area beneath the building due in particular to the elevated presence of PCE and TCE in groundwater, were provided in a ROS Termination Notice submitted to NlassDEP in July 2016. In August 2016, a Modified Phase IV RIP and RZA Completion Statement was submitted to MassDEP. In accordance with the MCP, modified Phase IV activities were proposed to incorporate the use of the existing SSDS into the continuation of Comprehensive Response Actions for the Disposal Site, as well as continue the use of ISCO to address indoor air issues by reducing WOC concentrations in site groundwater. No changes were made to the existing sub-slab system but, as indicated above, Disposal Site data from June 2016 indicated a potential source area beneath the Safelite side of the building. As a result, a round of ISCO was conducted inside that area of the building as part of Phase IV activities. On January 30,2017,approximately 940 gallons of NaNINO4 chemical additive were injected into the saturated zone utilizing two (2) temporary injection points (TW-2 and TW-3) located inside the Safelite side of the building. No post-injection groundwater samples were collected for laboratory analyses following the chemical additive injection activities completed in January 2017. However, in February 2017, a grab sub-slab soil gas sample was collected from the stack of the existing SSDS to evaluate the effectiveness of chemical injection activities beneath the Safelite side of the building. PCE was detected in the stack exhaust sample at a concentration exceeding the MassDEP sub-slab soil gas screening value, but the detected concentration was significantly lower than the previous sampling event and also represented the lowest level of PCE ever detected from the stack. Despite the stack sample findings, no indoor air samples were collected following the January 2017 chemical injection activities. In June 2017,however, an indoor air sample was collected from the Safelite side of the building. No cVOCs were detected in the indoor air sample above MassDEP commercial/industrial threshold values, indicating a significant improvement in indoor air quality compared to historical values (particularly PCE) for the site. In August 2017, a Phase IV Final 5 Inspection Report and Completion Statement was submitted to MassDEP. Operation and monitoring of the SSDS for the site then continued under Phase V of the MCP. In March 2018 and April 2020, grab sub-slab soil gas samples were collected from the stack of the SSDS. PCE was detected in both stack exhaust samples at concentrations exceeding the MassDEP sub-slab soil gas screening value, indicating that conditions related to indoor air concentrations had most likely remained consistent with previous findings. In March 2021, GRS Environmental of Middleton, Massachusetts was retained to continue response actions at the Disposal Site. An indoor air sample was collected from the Talbot side of the building and, in April 2021, an indoor air sample was collected from the Safelite side of the building. No cVOCs were detected in the indoor air sample from the Talbot side above MassDEP commercial/industrial threshold values, but concentrations of PCE and TCE were detected above threshold values from the Safelite side. In March 2022, in an effort to increase the effectiveness of the SSDS and provide internal building components for continuous monitoring, a single vertical extraction point in each building unit was added to the system. In April 2022, indoor air samples were collected from both sides of the building to evaluate existing conditions following the changes to SSDS. No cVOCs were detected in the indoor air samples from either side above MassDEP commercial/industrial threshold values. As a result, a preliminary risk characterization screening was conducted utilizing the available environmental data, and it was determined that the Disposal Site met the criteria for a Permanent Solution with Conditions. A Method 3 Risk Characterization was then completed which confirmed reliance on an Activity and Use Limitation(AUL)to achieve a Permanent Solution for the Disposal Site. Reason for Activity and Use Limitation Based on the concentrations of cVOCs detected in indoor air, an AUL which relies on the continuous operation of the existing SSDS is required to achieve a condition of No Significant Risk to human health, in accordance with the requirements of the MCP. Under unrestricted uses, and with the SSDS in operation, the site poses No Significant Risk to human receptors, except for future residents. The risk to residential receptors at the site under unrestricted uses is primarily due to the inhalation of vapors containing PCE and/or TCE inside the building. The concentrations of these compounds have been detected in indoor air throughout the building with no significant differences noted between the two(2) commercial units. As determined by the Method 3 Risk Characterization for the site, a level of No Significant Risk of harm to human health can be achieved under restricted uses, in which development for residential uses is prevented. In order to restrict these uses, the implementation of an AUL is required. By utilizing an ALL at the site that requires continuous operation of the SSDS and prohibits residential use of the building, the potential for significant risk to residential receptors is eliminated and results in the conclusion that the site poses No Significant Risk of harm to human health, public welfare, safety and the environment. This allows site closure under the MCP, as documented in a Permanent Solution Statement with Conditions to be submitted to MassDEP. 6