hp m22 photosmart rf

Transcription

SCANNED
a
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
(Nt
WESTERN REGIONAL OFFICE
436 Dwight Street * Springfield, Massachusetts 01103 - (413) 784-1100
DEVAL L. PATRICK
Governor
IAN A. BOWLES
Secretary
TIMOTHY P. MURRAY
Lieutenant Governor
LAURIE BURT
Commissioner
February 20, 2009
- Mr. Caleb Mitchell, Conservation Agent
Pittsfield Conservation Commission
70 Allen Street, Room 200
Pittsfield, Massachusetts 01201
Re:
Pittsfield - RTN 1-00478
City of Pittsfield's Submittal of a Notice of
Intent
Former Bel Air Mill
370 Wahconah Street
Letter of Support
Dear Mr. Mitchell:
On behalf of the City of Pittsfield and Berkshire Regional Planning Commission (BRPC), the Department
of Environmental Protection (the Department) is submitting this "Letter of Support" of the removal
activities that will involve the temporary installation of an access bridge and off-site transport of building
debris that exists in the riverfront area of the West Branch of the Housatonic River.
The above referenced subject property consists of a seven-acre parcel located alongside the West Branch
of the Housatonic River. The property was used as a textile mill historically, but has seen various other
uses throughout the years. The property has been abandoned and post-2001, two separate fires reduced
the mill to a massive debris pile consisting of brick, timber, steel frames, and miscellaneous debris. An
environmental assessment (in accordance with the American Society for Testing and Materials) was
funded by the Berkshire Regional Planning Commission (BRPC) Brownfields Assessment program, and
completed on April 26, 2006. The assessment revealed potential groundwater and soil contamination
associated with a historical release from improper disposal of paint thinner, several 55-gallon drums of
unknown contents, abandoned 200 to 300-gallon aboveground storage tanks, and automotives.
In October 2006 and April 2007,-Weston Solutions, Inc. (on behalf of the U.S. Environmental Protection
Agency) performed a site reconnaissance and collected 62 debris and surface soil samples. Elevated
levels of lead and arsenic were detected in surficial soil. The elevated lead and arsenic levels pose a
potential Imminent Hazard as defined by the Massachusetts Contingency Plan (MCP). Additional
subsurface soil explorations are needed to further define the extent of contamination. However, it is not
possible to conduct any further subsurface soil explorations due to the amount of building debris covering
the site. Debris removal at the site is challenging due to the proximity of the Housatonic River, only one
inadequate concrete bridge for site access. The City has retained a contractor to prepare plans and install
a temporary bridge for safe removal of the debris. The City has prepared a Notice of Intent (NOI) for
work associated with the bridge construction and debris removal, both of which lie within the riparian
buffer zone.
DEP on the World Wide Web: http://ww.mass.gov/dep
Printed on Recycled Paper
-
Q
ld
cr
kOO4 78;
FormerBel Air Mills
Page 2 of2
RTN
-
Again, the Department supports this project including removal and cleanup of the on-site surface debris in
accordance with the MCP and local regulations. If you have further questions, please contact Caprice
Shaw at (413) 755-2222.
Sin ri y,
Richad M.Gken'
Section Chief
Site Management/ Permits
Bureau of Waste Site Cleanup
!
I
Wannalnctt Mils
6o Suffolk Sbs Sute 200
LcwtI, MA 01854
978910.5600 MONE
978.453,1995 rut
www.TRCsduUscwm
TRC Reference No.: 109386-000010-020002
February 11, 2009
Caleb Mitchell, Conservation Agent
Pittsfield Conservation Commission
70 Allen Street, Room 200
Pittsfield, MA 01201
RE:
Submittal of a Notice of Intent for the
Former Bel Air Mills Property
370 Wahconah Street, Pittsfield, Massachusetts
Dear Mr. Mitchell,
On behalf of the City of Pittsfield and the Berkshire Regional Planning Commission (BRPC), TRC
Environmental Corporation is pleased to submit a Notice of Intent (NOI) to the Pittsfield
Conservation Commission pursuant to the Massachusetts Wetlands Protection Act (MWPA),
Massachusetts General Law (MGL) Chapter 131, Section 40. The NOI submittal includes activities
associated with proposed building debris removal activities, and Phase II Environmental Site
Investigation activities at the Former Bel Air Mills Property (the "Site"), located at 370 Wahconah
Street in Pittsfield, Massachusetts. On-Site surface cleanup and removal activities will take place
within the Buffer Zone of the West Housatonic River, which flows along the western border of the
Site. The Riverfront Area in the vicinity of the Site extends two hundred (200) feet from the bank of
the West Housatonic River.
Please find the following items enclosed as supporting documentation to this NOI submittal:
* A Site Location Map is provided as Figure 1.
* A Site Plan, illustrating the locations of the building debris, proposed Phase 11 sampling
locations, and applicable Resource, Areas, is provided as Figure 2.
* A Massachusetts Department of Environmental Protection (MassDEP) Priority Resource
Map is provided as Figure 3.
* A complete copy of the WPA - Form 3 - Notice of Intent is included as Attachment A
" A copy of the Notification letter which will be sent to the abutters located within 100 feet of
the subject property and a list of abutters are provided as Attachment B.
" Photographs of the West Branch of the Housatonic River located adjacent to the Site and of
the building debris on the Site are provided as Attachment C.
* A copy of the specification details associated with the temporary bridge design is included as
Attachment D.
Please note that this application is exempt from filing fees, as the City of Pittsfield is the applicant of
this NOI submittal.
Historically, the Site has featured a large mill building situated above the eastern bank of the West
Housatonic River. The building has since been destroyed by two fires (200,1 & 2005), leaving a pile
of rubble and debris where it once stood. Currently, access to the Site is provided by a small bridge,
constructed of concrete and metal, which spans the West Housatonic River at the northwestern
corner of the Site (Figure 2). No documentation detailing the intended design load of this bridge has
been made available.
It is estimated that 25,000 square feet of surface debris, resulting from the 1uilding fires, currently
exists in the Riverfront Area. Cleanup activities on-Site will involve segregating the former building
debris into brick, metal, and construction/miscellaneous onstituents. It is expected that brick debris
will total approximately 1,125 cubic yards. Clean mejal debris will be segregated for off-Site
recycling. It is estimated that the construction/miscellaneous debris will total approximately 200
tons, and include some brick and metal scraps, as well as wood and paper. It is anticipated that-no
debris will be stockpiled on-Site, and that the building material will be live-loaded into twenty five
(25) cubic yard rolloff containers for removal. All cleanup activities are expected to be performed
above existing grade; soil excavation is not anticipated. Large areas of bareexposed soil present
following cleanup activities will be seeded, where warranted.
Removal activities will involve the off-Site transport of the rolloff containers using appropriatelysized trucks. Due to the uncertainty of how the small 'acess bridge will perform under these
circumstances, it is proposed that a stronger, temporary bridge be constructed over the existing
bridge. This bridge is expected to remain in the footprintof the existing bridge as closely as
possible, as it will be constructed completely within the existing access road. Because the temporary
bridge will span over the existing bridge, no impacts to the bank of the river and no vegetation
removal is anticipated.
After the debris has been removed from the Site, TRC intends to conduct Site investigation activities
to:
1) Supplement surface soil analytical data reporte:d for the Site by Weston Solutions,
2) Delineate the vertical extent of contaminant conc ntrations reported for the Site by Weston
Solutions,
3) Ensure adequate spatial coverage for Site soil assessments, and
4) Assess the shallow groundwater quality and flow direction at the Site.
TRC intends to advance up to nine (9) soil borings at the Site, all of which are located within ths
riverfront area. Soil borings are expected to be no greater than twelve (12) inches in diameter, and
extend to a depth of up to twenty (20) feet below ground surface (bgs). Where possible, all soil
removed during adva ncement will be backfilled into the bore holes after field observations are
completed. Three (3) of the borings will be completed as shallow groundwater monitoring wells.
The closest boring is anticipated to be installed approxin ately 25 feet from the West Branch of the
Housatonic River.
[0NRac
0
10
During on-Site activities, several precautionary measures will be taken to protect on-Site workers, as
well as environmental resource areas. Site work will be conducted in accordance with a Site Health
and Safety Plan. Erosion control measures include the installation of temporary silt fencing along
the eastern side of the West Branch of the Housatonic River, to prevent potential sedimentation due
to surface runoff from the cleanup and removal areas. TRC personnel will monitor on-Site activities
for the generation of fugitive dust, and dust suppression measures will be implemented when
necessary.
During previous Site investigations, the United States Environmental Protection Agency (EPA) has
identified a small area of soil on Site containing elevated levels of arsenic. During cleanup and
removal activities, this area will be barricaded to prevent access to contaminated soils, and the soils
will not be disturbed.
This project has received oral approval from both the EPA and MassDEP. No portion of the Site lies
within Estimated Habitat or Primary Habitat of Rare Wildlife. Cleanup and removal of the on-Site
surface debris are necessary to restore the Site to acceptable conditions, and the duration is expected
to be approximately ten (10) working days. The duration of Site investigation activities is expected
to be approximately four (4) working days. If you have any questions or concerns regarding the
submittal of this NOI, please do not hesitate to contact Thomas Biolsi at (978) 656-3502.
Sincerely,
TRC ENVIRONMENTAL CORPORATION
Thomas W. Biolsi, PG
Project Manager
Attachments
cc:
T. Hanna, City of Pittsfield
M. Provencher, BRPC
J. Byrne, EPA
C. Shaw, MassDEP
Project File - 109386
0 TRC
14
N
Approximate Site
Boundary
0
-
1,000
-Feet
Base map: USGS 7.5 Minute Topographic Quadrangles
Wir *lancatml
Sffolk Street
650
Lomell, MA 01115,1
TR
978-970-S&WO
SITE LOCATION MAP
2.000
370 WAHCONAH STREET
PITTSFIELD, MA
FIGURE 1
I
FEBRUARY 2009
/I
k
T7e40
Xporary
13.37 Bridge
p
1,
/-
x1mat
Approximate Site
Boundary
pro ary
/j
at
-[SmallGarage
I
0i
A'
200' River Front
Area Line
.4
a'
I
Proposed Soil Boring and
Monitoring Well Location
0
It
Proposed Soil Boring Location
X-Proposed Erosion Control
200' River Front Area Line
[ 1Temporary Bridge 40' X 13.3'
N
*
*
1 1iRiver Boundary
100 year Floodplain Boundary
Approximate Site Boundary
Not Part of Site
0
11=
50
KZ0EZZ
=
SITE PLAN
-ia
100
Feet
370 WAHCONAH STREET
PITTSFIELD, MA
FIGURE 2
'S
i
0
'
'I
500 FEET & 0.5 MILE RADII
Roads Limited Access, Multi-Lane, Major/Minor. Track Trail
i
Railroad, Pipline, Poierline -+---Iz
Major Basin, Sub Basin, Perennial Stream, Intermittent Stream,
- -
wanact
T RC
Mills
650 Suffo street
L..11f, MA 01854
978-970-560(l
Shoreline, Man made Shore. Dam, Aqueduct
Weland, SaltWetland, Submerged Wetland, Open Water, Reservoir, Tidal Flat/Shoal
Potentially Productive Aquifers Medium, High Yield
-t
Non-Potential Drinking Water Source Area: Medium, High Yield
MA DEP SITE SCORING MAP
370 WAHCONAH STREET
PITTSFIELD, MA
EPA Sole Source Aquifer, FEMA 100 Yr. Floodplain, DEP Solid Waste Facility
Approved Zone ll, IWPA, Surface Water Supply ZoneA
Protected Open Space, ACEC U]]]
Priority Habitat 2008, Certified Vernal Pool 2008
Boundaries: County and Town
I
FlGURE 3
l~~]fl
5
17]
=
0
Public Water Supplies: Ground. Surface. Non-Community (NTNC. TNC) ®
Fe5r1,00
@®
@ Source: MassGISIEOEA
1.500
ATTACHMENT A
WPA Form 3 - Notice of Intent
UMassachusett
Provifedb yMassDEP:.7
Department of Envi ronmenital Proteto
Bureau of Resource Protection - Wetlands
'MassDEPFile Number
Docuniit TransadtidrfNuraber
Massachusetts Wetlands Protection Act MG.L. c. 131, §40
Pittsfield
City/Town
Important:
When filling out
forms on the
computer, use
only the tab key
to move your
cursor - do not
use the return
key.
A. General Information
1. Project Location (Note: electronic filers will click on button to locate project site):
370 Wahconah Street
Pittsfield
a. Street Address
b. City/Town
Latitude and Longitude:
01201
.
c. Zip Code
42.4692
-73.2488
d. Latitude
e. Longitude
Map H12
Block 0012, LotiOl
f. Assessors Map/Plat Number
g. Parcel /Lot Number,
2. Applicant:
Note:
Before
completing this
form consult
your local
Conservation
Commission
regarding any
municipal bylaw
or ordinance.
Tory
Hanna
a. First Name
b. Last Name
Citv Of Pittsfield: Department of Community Development
c. Organization
70 Allen Street
d.Street Address
Pittsfield
MA
01201
e. City/Town
f State
g. Zip Code
413-448-9673
413- 442-5661
thanna@pittsfieldch com
h. Phone Number
i. Fax Number
j Email Address
Property owner (required if different from applicant):
[l Check if mnore than one owner
J. Barrett
Hollister
a. First Name
b. Last Name
c. Organization
51 Holmes Road
d.Street Address
Pittsfield
MA
01201
e. City/Town
f. State
g. Zip Code
413-447-7522
h. Phone Number
i. Fax Number
j Email address
Representative (if any):
b
Thomas
Biolsi
b.Last Name
a. First Name
TRC
c. Company
650 Suffolk Street
d. Street Address
Lowell
MA
01854
e. City/Town
f. State
g. Zip Code
978-970-5600
978-453-1995
tiosiatrcsolutioncom
h. Phone Number
I. Fax Number
jr Email addressI
5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form):
Exempt - Municipal a pplicant
a. Total Fee Paid
wpaform3.doc - rev. 02/21/08
b.State Fee Paid
c. City/Town Fee Paid
Page I of 8
Massachusetts Department of Environmental Protection
WPA Form 3 -
Provided y MassOEP:
MassDEP File Number
Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Document Transaction Number
Piftsfield
City/Town
A. General Information (continued)
6. General Project Description:
Installing a temporary bridge over existing bridge to access the site, removing building material debris
remaining from fires that destroyed the former mill building, remove temporary bridge, and drill 9 soil
borings 3 of which will be completed a monitoring wells.
7a. Project Type Checklist:
1. El Single Family Home
:2.
5
Residential Subdivision
3.
5
Limited Project Driveway Crossing
4. El Commercial/Industrial
5.
El
Dock/Pier
6. E] Utilities
7. El Coastal Engineering Structure
9.
5
Transportation
13.5 Agriculture (e.g., cranberries, forestry)
10. E
Other
7b. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR
10.24 (coastal) or 310 CMR 10.53 (inland)?
1. El Yes
0
No
If yes, describe which limited project applies to this project:
2. Limited Project
8.
Property recorded at the Registry of Deeds for:
Berkshire
a. County
b. Certificate # (if registered land)
1050
1041
c. Book
d. Page Number
B. Buffer Zone & Resource Area Impacts (temporary & permanent)
1
E Buffer Zone Only - Check if the project is located only in the Buffer Zone of a Bordering
2.
Vegetated Wetland, Inland Bank, or Coastal Resource Area.
0 Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3,
Coastal Resource Areas).
Check all that apply below. Attach narrative and any supporting documentation describing how the
project will meet all performance standards for each of the resource areas altered, including standards
requiring consideration of alternative project design or location.
For all projects
affecting other
Resource Areas,
please attach a
narrative
explaining how
the resource
area was
delineated.
Resource Area
Size of Proposed Alteration
Proposed Replacement (if any)
a. El
Bank
1.linear feet
2. linear feet
b.5
Bordering Vegetated
Wetland
1. square feet
2. square feet
1.square feet
2. square feet
c.
Land Under
Waterbodies and
Waterways
wpaform3.doc - rev. 02121/08
3. cubic yards dredged
Page 2 of 8
ProvidedyMSDEr-tq.7
~.MassDEP
FiINdmber
SDo6imdrt Transation Numvber
Massachusetts Wetlands Protection Act M:G.L. c. 131, §40
-Pittsfield
B. Buffer Zone & Resource Area Irpacts (temporary & permanen t) (cont'd)
Resource Area
Bordering Land
Subject to Flooding
d.
lProposed Replacenient (if any)
25,000 (tempdrary, no new
structures)
i2. square feet
[4. cubic feet replaced
3. cubic feet of flood storage lost
e. El
Isolated Land
Subject to Flooding
i !_
_
_
_
Ii
1.square feet
2. cubic feet of flood storage lost
SilverrroLArea
f.
3.cubic feet replaced
West Branch 'f the Housatonic River
1. Name of Waterway (if available)
2. Width of Riverfront Area (check one):
E. 25 ft. - Designated Densely Developed Areas only
El
100 ft. - New agricultural projects
only
0 200 ft. - All other projects
3. Total area of Riverfront Area on the site of the proposed
297,000
project
square feet
4. Proposed alteration of the Riverfront Ar6a:'
4,000
a. total square feet
3.
10,UUU
0,0U
b. square feet within 100 ft.
15
,A
square feet between 100 ft. and 200 ft.
5. Has an alternatives analysis been done-and is it attached to this NO[?
E Yes 0 No
6. Was the lot where the activity is proposed breated prior to Au6 ust 1, 1996?
El Yes 0 No
El Coastal Resource Areas: (See 310 CMR 10.25-10.35)
Check all that apply below. Attach narrative andisupporting documentation describing how the project
will meet all performance standards for each 6f the resource areas altered, including standards
requiring consideration of alternative project design or location.
Online Users:
Include your
document
transaction
number
(provided on your
receipt page)
with all
supplementary
information you
submit to the
Department-
Resource Area
a. E]
Designated Port Areas
b. El
Land Under the Ocean
Proposed Replacement (if any)
Indicate size under Land Under the Ocean, below
1.square feet :
c. E
Barrier Beach
Indicate size under Coastal Beaches and/or Coastal Dunes below
d.
Coastal Beaches
1. square feet
2. cubic yards beach nourishment
e.El
Coastal Dunes
1. square feet
2. cubic yards dune nourishment
wpatorm3.doc rev. 02/21/08
Page 3 of 8
'
0
U
Pr~vided by MassDEP:
MassDEP File Number
tTransaction Number
Cityrown
B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd)
Size of Prooosed Alteration
f. El
Coastal Banks
1. linear feet
g. 1-1
Rocky Intertidal
Shores
1. square feet
Salt Marshes
1. square feet
Land Under Salt
Ponds
ProDosed Renlacement (if anv)
2. sq ft restoration, rehab., creation
1. square feet
j. El
f
Fish Runs
fl
Land Subject to
k.
1.
4.
Land Containing
Shellfish
El
1. square feet
Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
____
coastal Storm Flowage
Restoration/Enhancement
__________
1. square feet
If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the
square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional
amount here.
a. square feet of BVW
b.square feet of Salt Marsh
C. Other Applicable Standards and Requirements
Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review
1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on
the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural
Heritage and Endangered Species Program (NHESP)? To view habitat maps, see the Massachusetts
Natural Heritage Atlas or go to http://www.mass.qov/dfwele/dfw/nhesp/nhrecimap.htm.
a. E Yes
] No
If yes, include proof of mailing or hand delivery of NOI to:
October 2008
Natural Heritage and Endangered Species Program
Division of Fisheries and Wildlife
Route 135, North Drive
b. Date of map
Westborough, MA 01581
If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321
CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please
complete Section C.C, and include requested materials with this Notice of Intent (NOI); OR complete
Section C.d, if applicable. If MESA supplemental information is not included with the NOI, by
completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up
to 90 days to review (unless noted exceptions in Section 2 apply, see below).
-
wpaform3.doc - rev. 02/21/08
Page 4 of 8
L
.1
-
Massachusetts Department of Environnental Protection
WPA Form 3 -
P
1'sEPFl:Nm
Notice of Intent
I1
P itt
City/Town
nsd t
C. Other Applicable Standards and Requirements(cont'd)
1. c. Submit Supplemental Information for Endangered Species Review
1.
O
Percentage/acreage of property to be altered:
p
(a)within wetland Resource Area
percentage/acreage
(b)outside Resource Area
11percentage/acreage
2.
El Assessor's Map or right-of-way plan df site
3
E Project plans for entire project site, including wetland resource areas and areas outside of
wetlands jurisdiction, showing existing and proposed conditidns', existing and proposed
tree/vegetation clearing line, and clearly demarcated limits of work **
(a)
fl
Project description (including description of impacts outside of wetland resource area &
buffer zone)
(b)El Photographs representative of the site
(c)[J MESA filing fee (fee informationavailable at:
http://www.mass.qov/dfwele/dfw/nhosp/nhenvmesa.htm)
Make check payable to "Natural Heritage & Endangered Species Fund" and mafl to
NHESP at above address
Projects altering 10 or more acres of land also submit:
(d)El Vegetation cover type map of site
(e)
El Project plans showing Priority & Estimated Habitat boundaries
d. OR Check One of the Following
1.El Project is exempt from MESA review.
Attach applicant letter indicating which MESA exemption applies (See 321 CMR 10.14,
http://www.mass.pov/dfwele/dfw/nhesp/nhenvexemptions.htm; the NOI must still be sent to
NHESP if the project is within estimated habitat pursuant to 310,CMR 10.37 and 10.59.)
2. [
Separate MESA review ongoing.
a. NHESP Tracking Number
3. E
*
*
b.Date submitted to NHESP
Separate MESA review completed.
Include copy of NHESP "no Take" determination or valid Conservation & Management
Permit with approved plan.
Some projects not in Estimated Habitat may be located in Priority!Habitat, and require NHESP
review (see www.nhesp.ora regulatory review tab). Priority Habitat includes habitat for statelisted plants and strictly upland species not protected by the Wetlands Protection Act.
MESA projects may not be segmented (321 CMR210.16). The applicant must disclose full development plans
even if such plans are not required as part of the Notice of Intent processi
wipatorm3.doc - rev. 02/2 1108
Page 5 of 8
Provided by MassbEP:
MassDEP File Number
Intent
Notice
WPA Form 3 -Form
otie
a of
ofIIILIILDocument
Transaction Number:
Pitsfek.....
c. 131, §40
-
Massachusetts Wetlands Protection Act M.G.L.
City/Town
C. Other Applicable Standards and Requirements (cont'd)
2. For coastal projects only, is any portion of the proposed project located below the mean high water
line or in a fish run?
a.Z Not applicable - project is in inland resource area only
b.El
Yes
El
No
Ifyes, include proof of mailing or hand delivery of NOI to either:
South Shore - Cohasset to Rhode
Island, and the Cape & Islands:
Division of Marine Fisheries Southeast Marine Fisheries Station
Attn: Environmental Reviewer
838 South Rodney French Blvd.
New Bedford, MA 02744
North Shore - Hull to New Hampshire:
Division of Marine Fisheries North Shore Office
Attn: Environmental Reviewer
30 Emerson Avenue
Gloucester, MA 01930
Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region,
please contact MassDEP's Boston Office. For coastal towns in the Southeast Region, please contact
MassDEP's Southeast Regional Office.
Online Users:
Include your
document
transaction
number
(provided on your
receipt page)
with all
supplementary
information you
submit to the
Department.
3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)?
Ifyes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP
a. El Yes 0 No
Website for ACEC locations). Note: electronic filers click on Website.
b.ACEC
4.
Is any portion of the proposed project within an area designated as an Outstanding Resource Water
(ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00?
a.
] Yes
0
No
5.
Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands
Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)?
a.El Yes 0 No
6.
Is this project subject to provisions of the MassDEP Stormwater Management Standards?
a. El
Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management
Standards per 310 CMR 10.05(6)(k)-(q) and check if:
1.E
Applying for Low Impact Development (LID) site design credits (as described in
Stormwater Management Handbook Vol. 2, Chapter 3)
2. E
A portion of the site constitutes redevelopment
3. El
Proprietary BMPs are included in the Stormwater Management System.
b.0
No. Check why the project is exempt:
1. E
Single-family house
2.O
Emergency road repair
3. E
Small Residential Subdivision (less than or equal to 4 single-family houses or less than or
equal to 4 units in multi-family housing project) with no discharge to Critical Areas.
wpaform3.doc - rev. 02/21108
Page 6 of 8
Ii
i
Massachusetts Department of Environmental Protection;
Provided by MasiDEP
t
-
MassDEP FileNumiber
Document Transaction Number
Pittsfield
City/Town
D. Additional Information
Applicants must include the following with this Notice of Intent (NOI).: See instructions for details.
Online Users: Attach the document transaction number (provided on your receipt page) for any of the
following information you submit to the Department.
1. 2
USGS or other map of the area (along with a narrative description, if necessary) containing
sufficient information for the Conservation Commission and the Department to locate the site.
(Electronic filers may omit this item.)
2.O
Plans identifying the location of proposed activities (including activities proposed to serve as al
Bordering Vegetated Wetland [BVWj replication area or other nitigating measure) relative to
the boundaries of each affected resource area.
3.E-
Identify the method for BVW and other resource area boundary delineations (MassDEP BVW
Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.),
and attach documentation of the methodology.
4.M
List the titles and dates for all plans and other materials submitted with this NOI.
a. Plan Title
b.Prepared By
c. Signed and Starnped by
d. Final Revision Date
e. Scale
f. Additional Plan or Document Title
5. E
6.El
El
I
7
g. Date
Ifthere is more than one property owner, please attach a list df these property owners not
listed on this form.
Attach proof of mailing for Natural Heritade and Endangered Species Program, if needed.
7.
Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed.
8. 2
Attach NOI Wetland Fee Transmittal Fortm
9. El
Attach Stormwater Report, if needed.
E. Fees
1
E Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of
the Commonwealth, federally recognized Indian tribe housirg'authority, municipal housing
authority, or the Massachusetts Bay Trarsportation Authorit.
Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee
Transmittal Form) to confirm fee payment:
2. Municipal Check Number
3. Check date
4. State Check Number
5. Check date
6. Payor name on check: First Name
7. Payor name on check: Last Name
wpaform3.doc - rev. 02121108
Page 7 of 8
WPA Form 3
- Notice of Intent
Provided by MassDEP:-.
MassDEP FIle Number
Documeint Transaction Number
Pittsfield
cityrrown
F. Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans,
documents, and supporting data are true and complete to the best of my knowledge. I understand that
the Conservation Commission will place notification of this Notice in a local newspaper at the expense of
the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a).
I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the
requirements of M.G.L. c. 131, § 40. Notice must be made by Certificate of Mailing or in writing by hand
delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line of the
project location.
1. Signature of Applicant
2. Date
3. Signaurof Proe
4. Date
Owner (if different)
5. Signature of Representative (if any)
6. Date
For Conservation Commission:
Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, two
copies of the NOI Wetland Fee Transmittal Form, and the city/town fee payment, to the ConservationCommission by certified mail or hand delivery.
For MassDEP:
One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one
copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP
Regional Office (see Instructions) by certified mail or hand delivery.
Other:
If the applicant has checked the "yes" box in any part of Section C, Item 3, above, refer to that section
and the Instructions for additional submittal requirements.
The original and copies must be sent simultaneously. Failure by the applicant to send copies in a
timely manner may result in dismissal of the Notice of Intent.
wpaform3.doc -rev. 02/21/08
Page 8 of 8
Li
Important: When
filling out forms
on the computer,
use only the tab
key to move your
cursor - do not
use the return
key
NOI Wetland Fee Transmittal Form
.
A. Applicant Information
1. Applicant:
_anna
Tory
b. Last Name
a. First Name
City of Pittsfield; Department of Community Development
c. Organization
70 Allen Street
d. Mailing Address
Pittsfield
e. City/Town
(413) 448-9673
(413) 442-5661
h. Phone Number
i. Fax Number
I
MA
01201
f. State
g.Zip Code
[email protected]
I. Email Address
2. Property Owner (if different):
J. Barrett
Hollister
a. First Name
b.Last Name
f
c. Organization
51 Holmes Road
d. Mailing Address
MA
Pittsfield
- Sta
e. City/Town
413-447-7522
h. Phone Number
g. Zip Code
j. Email Address
I. Fax Number
3. Project Location:
370 Wahconah Street
Pittsfield
b.City/Town
a. Street Address
To calculate
filing fees, refer
to the category
fee list and
examples in the
instructions for
filling out WPA
Form 3 (Notice of
Intent).
01201
B. Fees
The fee should be calculated using the following six-step process and worksheet. Please see
Instructions before filling out worksheet.
Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and
buffer zone.
Step 2/Number of Activities: Identify the number of each type of activity.'
Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the
instructions.
Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per
category (identified in Step 3) to reach a subtotal fee amount. Note: Ifanyjof these activities are in a
Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be
multiplied by 1.5 and then added to the subtotal amount.
4
Step 5/Total Project Fee: Determine the total proje fee by adding the subtotal amounts from Step 4.
I
Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract
$12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50.
Wpafor3.doc -Wetland Fee Transmittal Form- rev. 2/21/08
Page I of 2
NOI Wetland Fee Transmittal Forim
B. Fees (continued)
Step 1/Type of Activity
Step 2/Number
of Activities
Step
3/individual
Activity Fee
Step 4/Subtotal Activity
Fee
Exempt
Step 5/Total Project Fee:
Step 6/Fee Payments:
Total Project Fee:
State share of filing Fee:
City/Town share of filling Fee:
a. Total Fee from Step 5
b. 1/2 Total Fee less $12.50
c. 1/2 Total Fee plus $12.50
C. Submittal Requirements
a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to
the Commonwealth of Massachusetts.
Department of Environmental Protection
Box 4062
Boston, MA 02211
b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of
this form; and the city/town fee payment.
To MassDEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of
Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these
electronically.)
Wpafm3.doc -etland
Fee Transmittal Form- rev. 2/21/08
Page 2 of 2
0
1
ATTACHMENT B
Copy of Notification Letter
and List ofAbutters
j
Ii
NOTIFICATION TO ABUTTERS UNDER THE
MASSACHUSETTS WETLANDS PROTECTION ACT
In accordance with the second paragraph of Massachusetts General Laws Chapter 131, Section 40, you are
hereby notified of the following:
4
oeif\
Qt
1.
The name of the applicant is
2.
The applicant has filed a Notice of Intent with the Pittsfield Conservation Commission seeking
permission to remove, fill, dredge or alter an Area Subject to Protection Under the Wetlands Protection
Act (General Laws Chapter 131, Section 40).
3.
The street address of the property where the activity is proposed is 370C
,and the City Assessor's MAP/BLCK/LOT is
l
oO5(
Block
Map
A brief description of the proposed work is /) t sk// r
r
br;dS
,V1
et
4
4.
0a.
Lot
.
5.
Copies of the Notice of Intent may be examined at the Pittsfield Conservation Commission office,
Room 200, City Hall between the hours of 10:00am to 2:00pm (or at other times by appointment)
Monday through Friday. For more information please call the Commission office at (413) 499-9359.
6.
Copies of the Notice of Intent may be obtained from either (check one) the applicantX or the
3betwoon the hours of
applicant's repsntative by calling this telephone number (4i)lT.30 and 4j00 on the following days of the week: /Y\ .
*Provider may charge for the cost of reproduction.
7.
Information regarding the date, time and place of the public hearing regarding this application may be
obtained from the Pittsfield Conservation Commission office at (413) 499-9359.
8.
Notice of the public hearing, including its date, time and place will be published at least five (5) days in
advance in the Berkshire Eagle under the legal notice section.
9.
Notice of the public hearing, including its date, time and place will be posted in City Hall at least fortyeight (48) hours in advance.
10.
The date that this notification was sent to Abutters via certified mail or hand delivery is:
.
A completed copy of this form and a list of the Abutters to whom it was sent shall be submitted by the
applicant to the Pittsfield Conservation Commission with the Notice of Intent.
11.
You may also contact the nearest Department of Environmental Protection Regional office at
(413) 784-1100 for more information about this application or the Wetlands Protection Act
I:\NOTIFICATION TO ABUrTERS UNDER THE.doc
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ATTACHMENT D
Temporary Bridge Specification Details
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DEC-05-2008
Mabey Bridge
14:14
508 764 0380
P.001/002
MABEY BRIDGE & SHORE, Inc.
40ft QUICK BRIDGE UNITS
The Mabey Quick Bridge Units consist of 2 (two) longitudinal main beams with webs @ 57.4" c/c.
Transverse beams are welded to the webs of the main beams @ 55" c/c, with longitudinal stringer beams
spanning between these transverse beams. A Durbar (checker plate) running surface is welded to the
main beams and longitudinal stringer beams, giving an overall width of68".
Main Beams
610 x 229 x 125 kg/m U.B.(equiv. W24 x 84 lbs/ft)
Gr. 50c to BS4360(Fy = So ksi)
Moment of Inertia 98579 cm(Ixx 2368 in')
Section modulus = 3222 cm (Sx e 197 ins)
Area of web (reduced), 305 cm 2(Amet 4.73 62)
Transverse Beams
203 x 76x23.2kg/mRSC(equiv.MC8 x3 x 16 lbs/ft)
Gr. 50c to BS4360(Fy - 50 ksi)
Moment ofInertia = 1950 cm3(xx = 46.8 in')
Section modulus = 192.0 cma(Sx - 11.7 in3 )
Area of web 14.41 cm2(Ab =2.23 in2)
Longitudinal Stringer Beams
127 x 76 x 13.36 kg/m RSJ(equiv. W5 x 9 lbs/ft)
Or. 50c to BS4360(Fy = 50 ksi)
Moment of Inertia = 476 cm 3(Ix
11.4 ins)
Section modulus =75 cm 3(Sx 4.6 in3
Area of web - 5.72 cm2(A.
0.89 in)
Durbar (Checker Plate) Running Surface
1725mm x 8mm thk(68" x 5/16" thk)
Gr. 50c steel to BS4360(Fy = 50 ksi)
DEC-05-2008
14:15
508 754 0380
P.002/002
MABEY BRIDGE & SHORE, Inc.
40ft QUICK BRIDGE UNITS
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Sx = 440 in' (bottom flange)
ALLOWABLE LOADS
The Quick Bridge units are designed to carry loads in excess of HS25.
Maximum vehicle weight 125,000lbs per unit
Maximum single axle load 80,000lbs per unit
Maximum single wheel load 40,000lbs per unit
TOTAL P.002
TYPICAL ARRANCEMENTV.40'
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BUREAU OF WASTE SITE CLEANUP
MEMORANDUM
TO:
Rick Green, Section Chief, Site Management/Permits and Files
THRU:
Ben Fish, Site Management/Permits
FROM:
Caprice Shaw, Brownfields
DATE:
December 22, 2008
SUBJECT:
Former Bel Air Mills, 370 Wahconah Street
RTN:
1-00478
(
On December 22, 2008, I phoned Mr. Tory Hanna, Permit Coordinator for the City of Pittsfield, and he
stated that they are communicating with Clean Harbors to design and construct the access road and remove
the debris. He stated that Clean Harbors believes they can provide a temporary bridge and will redo their
bid to adjust for the cost difference. Mr. Hanna stated that they have money from the Community
Development Block Grant and MassDevelopment to cover cost of the debris removal in addition to the
money from the EPA grant for site assessment. Mr. Hanna stated that they will be filing a Notice of Intent
(NOI) in January and would like the Department's support for this project. He will send the Department the
NOI as soon as his consultant prepares it for our information and I stated that we would give our support for
the project. The next Wetland Commissioners meeting is on January 29, 2009.
Page 1 of2
Shaw, Caprice (DEP)
From:
Sent:
To:
Subject:
Hanna, Tory [[email protected]
Wednesday, November 19, 2008 2:07 PM
Shaw, Caprice (DEP)
FW: 370 Wahconah St
Attachments: 20070494STP01 -PLN -PROF pdf; 20070494STP001-C2.00).pdf; 20070494STP001-C2.01.pdf;*
20070494A90DET001-C3.0-DETAILS.pdf; 20070494A90DET001-C3.1-DETAILS. pdf; Ortho.pdf
Caprice,
Attached are the plans for road construction. I prepared the last PDF entitled 'Ortho' to try to help you understand the
proximity to the river. Please let me know if I can clarify in any way.
Excitedi
Tory Hanna
413-448-9673
[email protected]
From: Eric Bernardin [mailto:[email protected]]
Sent: Monday, November 03, 2008 11:38 AM
To: Hanna, Tory
Cc: Jon Dietrich; Collingwood, Bruce
Subject: RE: 370 Wahconah St
Tory,
I have attached a preliminary plan of the proposed layout and alignment of the temporary construction access road
to 370 Wahconah St. We will be working on an estimate and a plan of the restoration of the original road location.
Please let me now if you have any questions or would like to discuss any of the details.
Thanks
Eric M. Bemardin, P.E.
Associate
Fuss and O'Neill Inc.
78 Interstate Drive
11/24/2008
Page 2 of 2
West Springfield, MA 01089
N413.452.0445 ext. 4430
413.846.0497 fax
[email protected]
11/24/2008
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Shaw, Caprice (DEP)
From:
Sent:
To:
Subject:
Hanna, Tory [[email protected]]
Tuesday, November 04, 2008 9:36 AM
Shaw, Caprice (DEP)
FW: 370 Wahconah St
Attachments: 20070494STP001-PLN-PROF.pdf; 20070494STP001-C2.00.pdf; 20070494STP001-C2.01.pdf;
20070494A90DET001-C3.0-DETAILS.pdf; 20070494A90DET001 -C3. 1-DETAILS. pdf
Caprice,
Your email was exceptionally timed. Just yesterday, the attached plans were provided to us regarding the construction of
an eastern access road that will be used to remove the debris. The City is using Community Development Block Grant
money (Brownfields) to pay for the design and construction work. We will be a sending out a neighborhood notification
letter, due to the residential nature of the area to the east, and are planning to host a meeting as well. We are still waiting on
an estimate, and a plan showing the original road restoration.
Really hoping to get debris out before snow.....
Thanks, Tory Hanna
From: Eric Bernardin [mailto:[email protected]]
Sent: Monday, November 03, 2008 11:38 AM
To: Hanna, Tory
Cc: Jon Dietrich; Collingwood, Bruce
Subject: RE: 370 Wahconah St
Tory,
I have attached a preliminary plan of the proposed layout and alignment of the temporary construction access road
to 370 Wahconah St. We will be working on an estimate and a plan of the restoration of the original road location.
Please let me now if you have any questions or would like to discuss any of the details.
Thanks
Eric M. Bemardin, P.E.
Associate
Fuss and O'Neill Inc.
78 Interstate Drive
West Springfield, MA 01089
11/7/2008
Page 2 of 2
413.452.0445 ext. 4430
413.846.0497 fax
[email protected]
11/7/2008
Page 1 of I
Shaw, Caprice (DEP)
Wednesday, July 30, 2008 8:47 AM
Sent:
To:
Shaw, Caprice (DEP)
Subject: RE: Bel Air
From:
Caprice,
We really appreciate you putting time into this. It's been such slow going. Currently we're working on getting a quote from
oTr DPW's contractor/consultant for an access route off the rear street, down the bank and onto the site. The city has a ROW
in the form of a Paper Street abutting the 370 property. This would involve some minor tree removal, and excavating/regrading so as to create a road. The hope is that we could eliminate the bridge option entirely. At this point we're playing a
waiting game, as our DPW commissioner is always inundated with 'to-dos'. However Deanna Ruffer has indicated to him that
removing the site is a priority before winter hits.
I'll let you know what the cost looks like when it becomes available.
Thanks again for checking in.
Sincerely,
Tory Hanna
Permitting Coordinator
City of Pittsfield
413-448-9673
thanna~c6pittsfieldch.com
From: Shaw, Caprice (DEP) [mailto:[email protected]]
Sent: Tuesday, July 29, 2008 4:21 PM
To: Hanna, Tory
Subject: Bel Air
Hi Tory,
Any luck on the access to Bel Air? I have placed a few calls on my end to see about temporary bridges but no luck. I wonder
if there is another option to removing the material? This might sound like a crazy idea but what about a conveyor belt system
type of thing? I am will check with a few construction/rubble type places to see if they even rent something like that. I will let
you know if I find anything.
Caprice Shaw
Brownfields Section
Bureau of Waste Site Cleanup-MassDEP
436 Dwight Street, 5th Floor
Springfield, MA 01103
Office: 413.755.2222
Fax: 413.784.1149
7/30/2008
4-'
t
Ayw~BW C-102B
Release Tracking Nurnber
RELEASE LOG FORM ATTACHMENT
E. LOG/RELEASE
Cityrrown: ,
CA 1
O
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(completeifusin BWSC-102BonTe)
Date: 22S
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D]AM
[
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Release Address:
Use of Attachment (check one):
D
[]
Amendment to Release Log Form
F. INSPECTIONS OR SITE VISITS (also Follow-up Office Response):
H
3,a
-lime:
Initial Compliance Field Response - Announced
Compliance Field Response - Announced
Field Response - Direct Oversight
H
[]
H
Attachrent Page(s):
of:
-
(check one)
Initial Compliance Field Response - Unannounced
Compliance Field Response - Unannounced
D
D
Follow-up or Other Field Response!
Short Notice Audit Inspection
Follow-up Office Response
G. ADDITIONAL DESCRIPTION:
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Preparer ofRLFA (please print):
(complete if usingo
7
WyC-1 9 2A and 102B oSC102B only)
7
7'L
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Staff Lead Assigned (if different from preparer):
[J Check here if the Release or Threat of Release is unassigned.
[]Check here if this RLFA records a change in staff lead.
Revised 11122/99
Do Not After This Form
Page 2 of 2
6
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.
B3WSC-102A
Release Tracking Nunber
RELEASE LOG FORM ATTACHMENT
A. LOGIRELEASE LOCATION INFORMATION:
(complete if using BWSC-102A and 102B or BWSC-102A only)
_Time:
Date:
City/Town:
A
[]PM
Release Address:
O
Use of Altachment (check one):
ODeployment of Absorbent or Containment Materials
Removal of Contarminated Soils
H
Re-use or Recycling
H
H
On Ste
Treat
[]
[]
Off Site
On Site
cubic yards
Volume:
Off Site
cubic yards
Volume:
Describe:
On Site
Store
1
Landfill
F
of:
(check all that apply)
B. ORAL PLAN SUMMARY:
H
Page(s):
Attachrrent
Amendment to Release Log Form
L
Cover
Off Site
Volume:
Disposal
Volume:_
cubic yards
cubic yards
O
O
Soil Vapor Extraction
El
Structure Venting System
[]
L
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H
Removal of Drums,Tanks or Containers
Describe:
Temporary Covers or Caps
Bioremediation
-.
Produd or NAPL Recovery
GroundwaterTreatmentSysternm
Air Sparging
Temporary Water Supplies
Removal of Other Contaminated Media
Temporary Evacuation or Relo;ation of Residents
Specify Type and Volume:
Fencing and Sign Posting
_
Describe:
Other Response Actions
H
Check here if this Release or Threat of Release is a candidate for future presumptive approval of an IRA or RAM Written Plan.'
H
Oral IRA Plan Approval
Check one of the following:
Oral RAM Plan Approval
L
Oral IRA Plan M dification Approval
Other Conents:
C. ADDITIONAL INVOLVED PERSON INFORMATION:
Check One:
L
PRP
PRP Local Contad
[
Other Person Performing Response Action
Specify:
Other Relationship
Name of OrganIzation:
Title:
Name of Contad
Check here if this person received a field NOR.
Street:
State:
City/Town:
Ext.: _
Telephone:
D. DEP ASSIGNMENT:
ZIP Code:
FAX:
(complete ifusino only BWSC-102A)
Preparer of RLFA (please print):
Staff Lead Assigned (ifdifferent from preparer):
Check here if the Release or Threat of Release is unassigned.
Check here if this RLFA records a change in staff lead.
Revrised 1022M9
Do Not Alter This Form
Page 1 of 2
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BUREAU OF WAStE SITE CLEANUP
MEMORANDUM
TO:
THRU:
Ben Fish, Site Management/Permits4
FROM:
DATE:
June 24, 2008
SUBJECT:
RTN:
1-00478
On June 24, 2008, at 10:30 a.m., Craig Givens and I performed a site inspection at subject the property. The
fence and signs are still in place and has prevented additional illegal dumping at the former Bel Air Mill
site. During our site inspection, Mr. Wheeler's daughter was onsite and stated that Ms. Ruffer and Mr.
Hanna from the City of Pittsfield came out earlier in the week to inspect the bridge. She stated that she was
unaware when the City was planning on removing the debris.
On June 26, 2008, I phoned Mr. Hanna, Permit Coordinator for the City of Pittsfield, and he stated that they
were out at the site inspecting the integrity of the bridge with their City Engineer. Mr. Hanna stated that
the City Engineer's opinion regarding the bridge's stability was uncertain and that it could cost the City
up to $25,000 just to perform stability/safety tests. He stated that he contacted Jim Byrne with EPA for
any sites that may have used a temporary bridge that the City could use. Mr. Byrne replied that he was
unaware of any bridges.
Mr. Hanna stated that there maybe an alternative access route located behind or east of the property along
the steep hill. He stated that the City might own a portion of this property through an easement years
back. He will contact the Department when this route has been determined. In addition, the City has not
taken the property for taxes as of this date due to the uncompleted assessment as part of the grant they
received from EPA.
Massachuseftts Department of Environmental ProteCtion
BWSC102
Release Tracking Number
RELEASE AMENDMENT FORM
A. RELEASEJSITE LOCATION:
1. Site Name/Location Aid: BEL AIR MILL
2. Street Address:
1370
WAHCONAH
ST
4. ZIPCode: 01201-0000
3. City/Town: PITTSFIELD, PITTSFIELD
B. THIS FORM IS BEING USED TO:
1. Date of Response(s):
06/24/2008
Start Time: 10:30
(mnm/dd/yyyy)
fl
PM
(hh:mm)
2. Record an Initial Compliance Field Response - Announced
3. Record an Initial Compliance Field Response - Unannounced.
E
4. Record a Compliance Field Response - Announced.
5. Record a Compliance Field Response - Unannounced.
6. Record a Field Response - Direct Oversight.
R
7. Record a Follow-up or Other Field Response.
fl
8. Record a Follow-up Office Response.
E]
9. Identify or Update a PRP or Other Person Associated with Release. (Fill out Section E)
10. Correct or Add Data to WSC Database otherwise not specified on this form. (Record in Section C and, if needed, F)
C. DESCRIPTION OF ACTMTIES RECORDED BY THIS FORM:
(If additional lines are needed, record in Section F.)
SEE ATTACHED MEMO
D. DEP STAFF AND FORM PREPARER:
1. DEPStaff:
b. Check here, if Unassigned
(or staff name not applicable).
a. Name: ISHAW CAPRICE
2. Preparer Signature: CAPRICE SHAW
Revised: 04/22/2004
3. Date: 07/01/2008
Page 1 of 2
ONE WINTER STREET, BOSTON, MA 02108 617-292-5500
DEVAL L. PATRICK
Governor.
IAN A. BOWLES
-
FEB 7
TIMOTHY P. MURRAY
Lieutenant Governor
Secretary
SCSd
2068
LAURIE BURT
Commissioner
January 29, 2008
1. Baret Holister
51 Holmes Rd.
RTN: 1-0000478
Release Addr: 370 Wahconah Street
Release City: Pittsfield, MA
RE: M.G.L. c.21E; 310 CMR 40.0172
Application for Financial Inability Status FINAL Reminder Notice
Dear Mr, Holister:
On October 18, 2007 MassDEP mailed you an application letter and forms for the purpose of formally filing for
Financial Inability Status pursuant to section 40.0172 of the Massachusetts Contingency Plan (MCP; 310 CMR
40.0000). To date, MassDEP has not received your reply.
The purpose of this letter is to provide you with a reminder that FinancialInability Status, and the protection afforded
therein, is not granteduntil MassDEP has received your completed application, evaluated it, and made a
determination in agreement with your assertion. At the conclusion of the evaluation process, you will receive formal
notification from MassDEP regarding the results of the review, rights and responsibilities, and timelines for reapplication if appropriate. Until your complete application is submitted and such a determination is made, you wilt
remain responsible for conductingreponse actions pursuant to the MCP, and may be subject to enforcement actions
for failure to do so.
Please complete the enclosed Financial Inability Applications (BWSC-118 and l8A), and be sure that all the
necessary information and attachments have been.submitted with the application. Your claim will not be evaluated
unless it includes all of the required documentation, including:
1) Please respond to all items listed in the enclosed letter dated October 18, 2007.
2)
Please sign and date enclosed Form 4506T and return to MassDEP.
This infonalion is available in aliernate format. Call Donald M. Gomes, ADA Coordinator at 617-556-1057. TDD Service - 1-800-298-2207.
MassDEP on the World Wide Web: http:/Aww.mas5.gov/dep
CO
BWSC102
A. RELEASEISITE LOCATION:
2. Street Address:
|370 WAHCONAH
ST
4. ZIPCode: 01201-0000
3. City/Town:PITTSFIELD, PITTSFIELD
B.THIS FORM ISBEING USED TO: (check all that apply)
1. Date of Response(s): 101/24/2008
(mm/dd/yyyy)
fl 2. Record an Initial Compliance Field Response - Announced.
H
Start Time: 12:30
AM
PM
(hh:mm)
0
3. Record an initial Compliance Field Response - Unannounced.
P 4. Record a Compliance Field Response -Announced.
S 5. Record aCompliance Field Response -Unannounced.
F
f
O
F
9.Identify or Update a PRP or Other Person Associated with Release. (Fill out Section E)
SEE ATTACHED MEMO AND PHOTOS.
1. DEP Staff:
a. Name:
2. Preparer Signature:
Revised: 04/22/2004
|SHAW
CAPRICE
//
1.
3. Date:
Sf .(or
r-i
3
staff name not applicable).
e
Page 1 of 2
a
~0
BWSC102
-i478
E. PRP OR OTHER PERSON ASSOCIATED WITH RELEASE:
El
1. Check all that apply:
2. Name of Organization:
3. Contact First Name:
5. Street:
|51
a. change in contact name
E
b. change of address
F
person associated
c. new
with
release
(SKI AMERICA
|J BARET
4. Last Name: HOLISTER
HOLMES COURT
6. Title:
7. City/Town: IPITTSFIELD
8. State:
10. Telephone:
13. Relationship of Person to Release:
11. Ext.:
Z
a. PRP
E]
WI
9. ZIP Code: 01201-0000
12. FAX:
I
b. Other c. Type kPRP Generic or Non-specifled
F. ADDITIONAL DESCRIPTION:
Revised: 04/22/2004
Page 2 of 2
MEMORANDUM
TO:
THRU:
Ben Fish, Site Management/Permitsf f
FROM:
DATE:
January 24,2008
SUBJECT:
RTN:
1-00478
On January 24, 2008, at 12:30 p.m., I performed an unannounced site inspected at the property located on
370 Wahconah Street in Pittsfield. TRC, the consultant for the Berkshire Regional Planning Commission
and the City of Pittsfield, was instructed to install fencing around the access area to prohibit illegal dumping
and to install signage warning of elevated lead and arsenic levels. I observed a chain link fence extending
from the West Branch Housatonic River towards the eastern end of the parking area. I inspected the area
where elevated levels of arsenic and lead were detected from the previous Environmental Protection Agency
(EPA) sampling event. No warning signs were observed.
Later in day, I emailed Ms. Joellyn Warren regarding the missing warning signs. Ms. Warren forwarded my
email to Mr. Troy Hanna, Permitting Coordinator with the City of Pittsfield. He replied in an email that
they had received eight signs and have scheduled them to be installed the next day.
On Friday, January 25, 2008, I received an email from Mr. Hanna stating that the eight signs were installed
(two per side of property) and he attached a photo of one of the signs. See attached photos from 1/24/2008
site visit, a copy of Mr. Hanna's email with attached photo.
Cc: file
I
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Wi.
I
S
Page I of I
Shaw, Caprice (DEP)
From:
Sent:
To:
Subject:
Friday, January 25, 2008 9:32 AM
Shaw, Caprice (DEP)
370 Wahconah
Caprice,
Sorry for the delay. We received signage last week, and I'm finally getting out there today to put them up. I
requested 8 or so in an attempt to cover each side of the property.
Again sorry for the delay..
Sincerely,
Tory Hanna
Permitting Coordinator
City of Pittsfield
413-448-9673
thanna pittsfieldch .com
1/31/2008
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Shaw, Caprice (DEP)
From:
Sent:
To:
Cc:
Subject:
Biolsi, Thomas (Lowell,MA-US) [[email protected]]
Friday, December 14, 2007 10:13 AM
Joellyn Warren
Shaw, Caprice (DEP); Ruffer, Deanna; Hanna, Tory; Arnold, Paul (LowellMA-US)
Fence installation complete at 370 Wahconah St.
Joellyn,
I just wanted to let you know that the fence has been installed at the 370 Wahconah Street site yesterday. I
bought a padlock to lock the new gate and I gave a key to Tory (who met me on-site yesterday).
Tom
Project Manager/Geologist
CTRC
TRC
Wannalancit Mills
650 Suffolk Street
Lowell, MA 01854
978.656.3502 phone
978.453.1995 fax
781.572.5580 cell
tbiolsi(trcsolutions.com
12/14/2007
Page 1 of I
Shaw, Caprice (DEP)
From:
Sent:
To:
- Cc:
Biolsi, Thomas (LowellMA-US) [[email protected]
Wednesday, December 12, 2007 1:55 PM
Shaw, Caprice (DEP)
Joellyn Warren; Ruffer, Deanna; Hanna, Tory; Arnold, Paul (Lowell,MA-US)
Subject: Fence installation at 370 Waconah St.
Caprice,
I just left you a voice-mail message regarding the fence installation at the 370 Waconah Street property in
Pittsfield. We're scheduled to install the fence tomorrow. Apparently, a sewer line runs along the western side of
the former building between the former building footprint and the river. However, this sewer line is not depicted
on any maps on file at the City and therefore cannot be field-verified. In the interest of quickly mitigating illegal
dumping and trespassing activities on this site before the ground freezes (and the snow piles up), while
preserving the integrity of this sewer line, the fence posts in the suspected area of the sewer line will not be driven
into the ground. Alternatively, they will be secured to metal bases which will not penetrate the ground, and
thereby eliminate the possibility of puncturing this line.
Please feel free to call me if you have any questions.
Thanks.
Tom
Project Manager/Geologist
CTRC
TRC
Wannalancit Mills
650 Suffolk Street
Lowell, MA 01854
978.656.3502 phone
978.453.1995 fax
781.572.5580 cell
tbiolsi(trcsolutions.com
12/12/2007
Page I of I
Shaw, Caprice (DEP)
From:
Sent:
To:
Cc:
Subject:
Shaw, Caprice (DEP)
Wednesday, November 28, 2007 11:35 AM
'Joellyn Warren'
Fish, Bernard (DEP); Green, Richard (DEP)
RE: 370 Wahconah
Hi Joellyn,
Thanks for sending this...
Other sites with similar situations have signage stating what the contaminate isand where so we prefer this
statement:
"Warning: soil in this area contains high levels of ARSENIC and LEAD which can be harmful upon human
contact."
-Caprice
From: [email protected]
[mailto:[email protected]] On Behalf Of Joellyn Warren
Sent: Wednesday, November 28, 2007 11:12 AM
To: 'Shaw, Caprice (DEP)'
Cc: 'Hanna, Tory'
Subject: FW: 370 Wahconah
Here isthe wording that was suggested from the city.
Thanks for your help.
From: Hanna, Tory [mailto:[email protected]]
Sent: Wednesday, November 28, 2007 10:40 AM
To: Joellyn Warren
Subject: 370 Wahconah
Joellyn,
Interms of signage for the property, the idea is that we submit specific language to Bruce Collingwood and he
will produce signs for us? Correct...
Should this language be general "Warning: This area contains high levels of environmental contaminants
that may be harmful to humans. Keep away per City of Pittsfield." Or specific to the contaminants
"Warning: this area contains high levels of ARSENIC and LEAD which can be harmful upon human
contact". Possibly I could help with the language prior to the meeting with Mike Wheeler, possibly even have
some signs ready.
Tory
11/28/2007
V
1i -47
A. RELEASEISITE LOCATION:
2. Street Address: 1370 WAHCONAH ST
4. ZiPCode: 01201-0000
B.THIS FORM ISBEING USED TO;
Start Time:
10/2212007
(mm/dd/yyyy)
I000
_7/
AM
PM
(hh:mm)
Fl
2.Record an Initial Compliance Field Response - Announced.
[] 3. Record an initial Compliance Field Response - Unannounced.
fl
7. Record a Follow-up or Other Field Res onse.
A
SEE ATTACHED MEMO
NOTE: PRP ADDRESS CHANGE: MR. J. BARRET HOLLISTER, 51 HOLMES ROAD, PITTSFIELD, MA 01201.
PHONE NUMBER: (413) 447-7522.
1. DEP Staff:
.
Staf,
: SHAW CAPRICE
aN
a. ame
2. Preparer Signature: CAPRICE SHAW
Revised: 04/22/2004
. Date: 11/01/2007
Page 1 of 2
a
Ah
MassaChusetts Department of Environmental Protection
BWSC102
-1
|
7
D
new person associated
ihc.
'with release
2. Name of Organization: SKI AMERICA
3. Contact First Name:
5. Street:
|J BARET
6. Title:
27 TOR COURT
8. State: [UAA
7. City/Town: PITTSFIELD
2
a. PRP
F1
9. ZIP Code: 01201-0000
12. FAX:
11. Ext.:
10. Telephone:
I
b. Other
c. Type PRP Generic or Non-specified
F.ADDITIONAL DESCRIPTION:
Revised: 04/22/2004
wage t OT L
Page 2 of 2
MEMORANDUM
TO:
Ms. Deanna Ruffer, City of Pittsfield Department of Community Planning,
70 Allen Street, Pittsfield, Massachusetts 01201
THRU:
Ben Fish, Site Management/Permits and Riclreen
Management/Permits
FROM:
DATE:
November 2, 2007
SUBJECT:
RTN:
1-00478
Section Chief, Site
As requested from our October 22, 2007 meeting, attached are: (1) an example of a Letter of
Responsibility (LOR) for Municipality with Exempt Status, M.G.L. c. 21 E, 310 CMR 40.0000 and (2) a
copy of the relevant excerpts of M.G.L. c. 21E §2. If the City of Pittsfield acquires the subject property,
the Department of Environmental Protection (the Department) will issue a LOR similar to the one
attached to ensure that the City of Pittsfield is aware of its rights and responsibilities under M.G.L c. 21E
and that any cleanup is conducted in accordance with the Massachusetts Contingency Plan (MCP), 310
CMR 40.0000. The cleanup of disposal sites is governed by the Massachusetts Oil and Hazardous
Material Release Prevention and Response Act, M.G.L. c. 21E, which is implemented through
regulations promulgated by the Department. Please review the attached letter, as it is intended to assist
the City in deciding what actions to take in response to the conditions that are present at this disposal
site.
In addition, please be aware of the second bullet under Response Actions and Applicable Deadlines in
the LOR. The MCP requires all parties conducting response actions to perform Immediate Response
Actions (IRAs) to address conditions that present an Imminent Hazard. Such persons must continue to
evaluate the need for IRAs and notify the Department immediately if such a need exists. According to
the May 2007 Preliminary Assessment/Site Investigation Report for the Bel Air Mills Site submitted by
Weston Solutions for the U.S. Environmental Protection Agency (EPA) Region I, one soil sample
collected at the site was found to contain an arsenic level of 590 parts per million (ppm). This exceeds the
level for arsenic (40 ppm) that could pose an Imminent Hazard, if present in the top twelve inches of
unpaved, unfenced soil and within 500 feet of a residential dwelling, school, playground, recreational
area or park, as listed in the MCP (310 CMR 40.0321 (2)(b)).
If you have further questions, please contact me at (413) 755-2222. All future correspondence and
communications regarding this disposal site should reference RTN 1-00478.
cc: file
sx
f
BWSC102
n
-
4
A. RELEASESITE LOCATION:
1. Site Name/Location Aid: IBEL AIR MILL
4. ZIP Code: 101201-0000
110/22/2007
Start Time:F(mm/dd/yyyy)
o-o _ _AM
-./
D
PM
(hh:mm)
2. Record an Initial Compliance Field Response - Announced.
3. Record an Initial Compliance Field Response - Unannounced.
F]
7.Record a Follow-up or Other Field Response.
L1
8.Record a Follow-up Office Response.
F]
C. DESCRIPTION OF ACTIVITIES RECORDED BY THIS FORM:
SEE ATTACHED MEMO
NOTE: PRP ADDRESS CHANGE: MR. J. BARRET HOLLISTER, 51 HOLMES ROAD, PITTSFIELD, MA 01201.
PHONE NUMBER: (413) 447-7522.
1. DEP Staff:
a. Name:
2. Preparer Signature
Revised: 04/22/2004
SHAW CAPRICE
7
.
S(or
staff name not applicable).
3. Date:
Page 1 of 2
a
a
eIsi
a Department of Environmental Protection
Massachusetts
BWSC102
1i -47
E
Fl
person associated
c. new
E with
release
3. Contact First Name: J BARET
5. Street:
1 4. Last Name: IHOLISTER
27 TOR COURT
6. Title:
7. City/Town: PITTSFIELD
8. State:
10. Telephone:
11. Ext.:
G/
a. PRP
F1
RI1A
9. ZIP Code: 01201-0000
12. FAX:
b.Other c. Type PRP Generic or Non-specified
F.ADDITIONAL DESCRIPTION:
revlsea: U4/22(ZUU4
Revised: 04/22/2004
Page 2 of 2
Page 2 of 2
MEMORANDUM
TO:
Rick Green, Section Chief, Site Management/Permits and Files*
THRU:
FROM:
DATE:
October 22, 2007
SUBJECT:
RTN:
1-00478
On October 22, 2007, at 9:00 a.m., I met with Ms. Joellyn Warren at 370 Wahconah Street to inspect the
property. The access bridge to both 370 and 400 Wahconah Street properties appears to be in questionable
condition. The pavement is broken in a few places, and the last inspection regarding its integrity is
unknown. The property deed and map confirm that the bridge contains a shared right of way for both 370
and 400 Wahconah Street properties.
Mr. Mike Wheeler, property owner located at 400 Wahconah Street, came out to inform us that people are
illegally dumping and trespassing on the 370 Wahconah property. We observed three aboveground storage
tanks that were placed above the-remains of the burned structure abutting the parking area. He stated that
kids and adults are accessing the property and taking copper piping and other miscellaneous scraps from the
yard. Mr. Wheeler stated that the southern end of the property contained a brick structure and the northern
half contained a wooden structure with steel beams. At the time of this site visit, no structure exists except
for a portion of the brick building's wall. South of the standing brick wall is a chain-linked fence that
surrounds the southern brick-building's footprint. No posted "no trespassing" signs were observed during
this site visit.
At 10:00 a.m., Ms. Warren and I attended a meeting with Ms. Deanna Ruffer and Mr. Tory Hanna with the
City of Pittsfield Department of Community Development, Mr. Jim Byrne with the Environmental
Protection Agency (EPA), and Mr. Tom Biolsi with TRC (Berkshire Regional Planning Commission's
consultant). Mr. Biolsi started off the meeting by giving a brief history of the site and a quote of
approximately $77,000 to remove debris from the site to continue doing subsurface assessment. Ms. Ruffer
stated that without the EPA funds they were hoping for, they only have approximately $25,000 to go
towards debris removal. Ms. Warren stated that they are going to contact Mass Development for
information on obtaining a low interest-revolving loan.
Ms. Ruffer stated that the City has not taken ownership of this property and they are concerned about their
liability as a municipality. She requested from both MassDEP and EPA to send her letters outlining the
Town's liabilities (regarding cleanup) and she will consult with City Counsel before taking ownership. She
mentioned that once she has met with the Counsel, then the City will proceed with the foreclosure. She
stated that ownership through involuntary acquisition takes between 12 to 18 months.
I mentioned that there are active dumping and trespassing occurring at the site. Ms. Ruffer stated that she
will have Pittsfield Police Department make more rounds in that area. She agreed with the MassDEP's
2-
Bel-Air Mill
370 Wahconah Street
Pittsfield,MA
letter that a fence should be erected to discourage dumping and trespassing. Ms. Warren stated that the
Brownfield's money they were awarded could be used to prevent access to the site including installing a
fence. TRC agreed and they will erect a fence along the southern property border starting from the access
bridge.
On October 23, 2007, I rechecked soil sample results from Weston Solution, Inc.'s Preliminary
Assessment/Site Investigation Report for the Bel Air Mills Site, dated September 27, 2006. One sample
reported an elevated arsenic level of 590 ppm which is well above the MassDEP level for releases and
threats of release that pose imminent hazards listed at 40 ppm. The location of this sample is north of the
standing brick wall. This area is not fenced. I contacted Ms. Warren to request that TRC install
construction fencing around the area where the elevated arsenic level was collected as well as some of
the reported elevated lead sample locations. I requested that warning signage be posted around the
elevated arsenic sample location as well as posting "no trespassing" signage around the whole perimeter
of the property. She agreed and will convey my message to both TRC and Ms. Ruffer.
2
EXECUTrVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS
ONE WINTER STREET, BOSTON, MA 02108 617-292-5500
DEVAL L. PATRICK
IAN A. BOWLES
Governor
Secretary
TIMOTHY P. MURRAY
LAURIE BURT
Lieutenant Governor
Commissioner
October 18, 2007
J. Baret Holister
51 Holmes Rd.
RTN: 1-0000478
Release Address: Bel Air Mill; 370 Wahconah St.
Release City: Pittsfield, MA
RE: M.G.L. c.21E; 310 CMR 40.0172
Application for Financial Inability Status
Dear Mr. Holister:
The Massachusetts Contingency Plan (MCP; 310 CMR 40.0000) allows parties who are
potentially responsible for assessing and cleaning up oil or hazardous material to assert that they
do not have the financial resources to meet their obligations. Upon conducting a review of
documentation submitted to substantiate this assertion, MassDEP will make a determination
either to accept or deny your assertion of financial inability. If MassDEP accepts the assertion
and issues you a Financial Inability ("Fl") Status Designation, you may stop co nducting response
actions at the site until such time as your financial situation improves. The FI Status will not end
your liability. However, it will serve to protect you from any penalties associated with not
making progress toward the assessment and cleanup of the site.
To apply for a Financial Inability Status, please complete the enclosed Financial Inability
Application (BWSC-118) and Financial Worksheet (BWSC - 118A), (use Worksheet if
applicable). Please be sure that all the necessary information and attachments have been
submitted with the application. Your claim will not be evaluated unless it includes the following
required information:
This information isavailable in alternate format. Call Donald M. Comes, ADA Coordinator at 617-556-1057. TDD Service - 1-800-298-2207.
MassDEP on the World Wide Web: http://www.mass.gov/dep
0
2
Application for Financial Inability Status
RTN 1-0000478
October 18, 2007
1) Signed and dated copies of Ski America, Inc./Ski America Enterprises, Inc.'s three
most recent federal and state tax returns, as well as a recent balance sheet, income
statement, and statement of cash flows; if none, please state reason why.
2) Signed and dated copies of federal and state tax returns for the years 2004, 2005 and
2006 for J. Baret Holister. If tax returns were' not required to be filed, please state
the reason why and provide any end of year documentation (ex: W-2 and 1099
forms).
3) Please provide a copy of the Articles of Incdrporation for Skik America, Inc./Ski
America Enterprises, Inc., a copies of the last MA Annual Reports, and copies of the
minutes of the last corporate meetings.
4) Please provide a statement and pertinent docuimentation ielated to bankruptcy filings
If the corporation has filed bankruptcy, has it been legally
and discharges.
"terminated"?
5) A list of corporations, partnerships, trusts or any other entities with which Ski
America, Inc./Ski America Enterprises, Inc. and/or J. Baret Holister has any legal or
financial relationship. If none, please state sich'
6) A list of all assets owned by Ski America, Inc./Ski America Enterprises, Inc. Please
include description of property, address of property, and current' fair market value.
7) Two (2) Licensed Site Professional (LSP) estimates for the next step of required
cleanup work Please check with the Western Regional Office at 413-784-1100 if you
have any questions regarding this matter).
8) Documentation of attempts to investigate insurance coverage or procure funding from
alternative financial sources. Acceptable documentation would include copies of
insurance policies which exempt coverage, letters from insurance companies denying
coverage, and recent loan applications and letters of denial from banks or other
financial institutions.
9) Documentation of any other pertinent financial information such as trust/beneficiary
agreements, leases; property transfers, bankruptcy proceedings, etc.
The completed application package and required documentation should be mailed to:
Wanda M. Kopcych, Financial Inability Coordinator
Bureau of Waste Site Cleanup, Cost Recovery Unit
1 Winter Street, 8th Floor
Boston, MA 02108
To assist you in completing this application, enclosed please find the f6llowing informational
mnat erials:
e
e
an Application Completeness Checklist;
a Guide to Hiring a Licensed Site Professional; and,
a Request for Copy of Tax Forms - IRS Form 4506, (Use if you do not have copies of your
taxes). IRS Form 4506T - to be returned to Mass IEP with applicAtion
-N
Application for Financial
RTN 1-0000478
October 18, 2007
bility Status
3
MassDEP will review all the information submitted with your Financial Inability Application and
will determine whether the information provided supports your assertion that you have
insufficient financial resources to undertake the next required cleanup action.
Massachusetts offers a variety of brownfields programs, including state subsidized environmental
insurance that is available to owners of contaminated property.
The Brownfields Redevelopment Access to Capital (BRAC) is a unique state subsidized
environmental program that provides secured lender, pollution legal liability, cleanup cost cap
coverage and loans that may be helpful in securing from lenders, and covering unanticipated
costs encountered during a cleanup project. For more information about this and other
brownfields incentives visit http://www.state.ma.us/dep/bwsc/brownfld.htm.
Please state in Section H, History of Efforts to Remedy Financial Inability of the Financial
Inability Application (BWSC - 118), what steps have been taken pursuant to the above listed
programs and resources.
MassDEP will notify you in writing with the results of the determination process. A favorable
determination will result in MassDEP issuing you a FI Status designation, which shall remain in
effect for an initial period of approximately one year. You may reapply to MassDEP to extend
your FI Status designation thirty days prior to the expiration date of the current FI Status. There
is a requirement that you notify MassDEP of any changes in your financial situation that may
enable you to conduct the next step of required assessment or cleanup work at the site. A notice
of denial means MassDEP does not agree with your assertion of financial inability and
therefore you will be expected to meet all of your responsibilities and obligations under the
MCP. While MassDEP is reviewing the application, you will be responsible for any response
actions and submittal deadlines in effect as defined by the MCP.
Should you have any questions or require assistance completing the enclosed application
package, please contact Ms. Wanda Kopcych of my staff at (617) 348-4055.
Sincerely,
Kristin LaCroix, Director
Division of Technical and Financial Support
MassDEP
copy:
Ben Fish; DEP Western Regional Office
DEP Boston FI File
MEMORANDUM
TO:
THRU:
FROM:
DATE:
October 17, 2007
SUBJECT:
RTN:
1-00478
On October 17, 2007, I received a call from Mr. Barret Hollister regarding his property located at 370
Wahconah Street. He stated that he received the Notice of Response Action (NORA) letter dated
September 19, 2007. The NORA was sent back to MassDEP due to incorrect PRP address information
however Mr. Hollister stated that someone from Town delivered the letter to him. Mr. Hollister stated that
he filed for bankruptcy and is financially unable to conduct any assessment or remedial work at the
property. He added that he was surprised that the City of Pittsfield has not yet taken ownership. I asked Mr.
Hollister to send MassDEP a letter stating the above and that he received the September 19 letter. He
agreed. In addition, he is allowing access to his property to do necessary assessment and remedial activities
and offered to help in any way other than financially.
I contacted Ms. Joellyn Warren with Berkshire Regional Planning Commission (BRPC) in regards to my
phone conversation with Mr. Hollister and she has set a meeting for October 22, 2007 with all stakeholders
(including MassDEP) to discuss cost quotes to remove onsite rubble and future assessment activities.
Please note contact information change for Mr. J. Barret Hollister: 51 Holmes Road, Pittsfield, MA 01201,
phone number: (413) 447-7522.
COMMONWEALTH OF MASSACHUSEITS
WESTERN REGIONAL OFFICE.
436 Dwight Street . Springfield, Massachusetts 01103.. (413) 784-1100
-
DEVAL L. PATRICK
Governor
IAN A. BOWLES
Secretary
TIMOTHY P. MURRAY
Lieutenant Governor
LAURIE BURT
Commissioner
September 19,
2007
URGENT LEGAL MATTER: PROMPT ACTION NECESSARY
Mr. J. Barret Hollister
RE:
Pittsfield
Bel Air Mill-370 Waconah Street
RTN# 1-0478
NOTICE OF RESPONSE ACTION
M.G.L. c.21E & 310 CMR 40.0000
President
Ski N$merica 5\
27 To ourt
Because of a failure to act by those prarties'potentially responsiblefr contamination
at the above location, the Department of Environmental Protection is planning to hire
its own contractor(s) to begin performing needed work at this site. If such actions
occur, the Department will seek to recover 3 times its "costs against those parties
considered legally liable for contamination at this site, and will do so by placing a lien
on all properties in the Commonwealth owned by such parties. Actions must be taken
NOW to prevent the Department from proceeding in this regard.
Dear Mr. Hollister:
The Department of Environmental Protection, Bureau of Waste Site Cleanup (the
"Department" or "MassDEP") has determined that there have been one or more releases of oil
and/or hazardous material at the above-referenced site. The investigation and cleanup of such
releases are governed by M.G.L. c. 21E, the Massachusetts Oil and Hazardous Materials Release
Prevention and Response Act, and the regulations adopted thereunder, known as the Massachusetts
Contingency Plan (the "MCP"; 310 CMR 40.0000).
You and/or other parties have previously provided notification to MassDEP that a release
of oil and/or hazardous materials had occurred at the above location, and you have previously
been issued a "Notice of Responsibility" which outlined needed actions and legal liabilities in
this matter. Despite this Notice, you have failed to conduct all necessary assessment and/or
cleanup actions at this site within the time period prescribed in state law and regulation. As a
This information isavailable in alternate format. Call Donald M. Gomes, ADA Coordinator at 617-556-1057. TDD Service - 1-800-298-2207.
DEP on the World Wide Web: http://Aw.mass.gov/dep
Q
Bel Air Mills, 1-0478
NORA
Page 2 of 4
result, if you are a legally liable party, you are in noncompliance with M.G.L. c. 21E and the
MCP, and are now subject to Civil Administrative Penalties under M.G.L. c. 21A, Section 16
and 310 CMR 5.00, the Civil Administrative Penalty Regulations.
The Department previously informed you of your potential liability for this release in a
Notice of Responsibility dated July 15, 1996. On March 6, 1998, the Department issued you a
Notice of Noncompliance for failure to submit a Tier Classification Form or a Response Action
Outcome Statement. On February 2, 1999, the Department issued you a Penalty Assessment
Notice in the amount of $3,000.00 under the authority of the Civil Administrative Penalties Act,
M.G.L. c. 21A, §16, and its regulations at 310 CMR 5. There was no response from you in
regard to the Department's correspondence. The Department has identified you as a responsible
party regarding this release.
This Notice-provides you a final opportunity to take the Response Actions required-to address this site before the Department does so. Unless you promptly reply to this Notice with your
intent by September 28, 2007 and comply with its requirements, the Department will prepare to
take the actions described below on or after October 15, 2007. Massachusetts General Law
Chapter 21E, Section 4 authorizes the Department to take such Response Actions and, when time
allows, requires the Department to notify you of its intent to take such actions.
RESPONSE ACTIONS REOUIRED AT THIS SITE
To comply with the requirements of M.G.L. c.21E and the MCP, as specified in the
Notices of Responsibility and Noncompliance issued in this matter, all necessary actions must be
taken to eliminate substantial hazards presented by the site and achieve a level of No Significant
Risk [310 CMR 40.1000]. These actions may include, but are not limited to, Comprehensive
Response Actions [310 CMR 40.0800] and/or any necessary Immediate Response Actions [310
CMR 40.0400].
COMPLIANCE DEADLINE FOR NOTIFICATION OF YOUR INTENT
TO CONDUCT RESPONSE ACTIONS
To perform Response Actions in lieu of the Department, you must respond to this
Notice by Septenibir 28, 2007, and provide the Department with the following:
1. A signed agreement with a Licensed Site Professional (LSP) to conduct Response
Actions as required by M.G.L. c.21E and the MCP. You may obtain a list of the names
and addresses of these LSPs from the Board of Registration of Hazardous Waste Site
Cleanup Professionals at (617) 556-1145 or online at htp://www.mass.gov/lsp.
2. An Immediate Response Action Plan and a strict timetable for conducting Immediate
Response Actions (IRAs) to address reported elevated levels of arsenic in surficial soils
that pose a potential Imminent Hazard as defined by the MCP (>40 parts per million)
including but not necessarily limited to the following:
a. Install fencing to restrict access to this site, as elevated levels of arsenic were
found within 100 feet of residences;
Page 3 of 4
NORA
b. Remove and properly dispose of abandoned drums, aboveground storage tanks
(ASTs) and any other potential containers of oil & hazardous materials on-site.
The Department inspected the site on July 24, 2007 and identified presumably
empty 55-gallon drums and ASTs located on your site;
c. Perform surface soil sampling and analysis for metals, including arsenic and lead;
and
d. Submit an IRA Status Report documenting completion and findings of the above
tasks.
RESPONSE ACTIONS THE DEPARTMENT INTENDS TO TAKE IF YOU FAIL TO ACT
If you do not provide the commitment to conduct such Response Actions as specified
above, as an initial step in the site characterization process, the Department will secure the
services of one or more of its contractors to conduct one or more of the following actions at this
site:
1.
2.
3.
4.
Review available information and data for the site;
Remove and properly dispose of drums containing oil and/or hazardous materials;
Obtain and analyze surface soil samples for metals including arsenic and lead;
Obtain and analyze other soil and groundwater samples as deemed appropriate on the
basis of site observations; and
5. Erect a fence to prevent public access at the site.
Information obtained from the above initial site investigation activities will help
determine the scope, nature, and timing of additional actions. The Department reserves the right
to conduct the additional response actions necessary to achieve a level of No Significant Risk at
the site without providing additional notice to you.
POTENTIAL LIABILITY AND TREBLE DAMAGES
Please be advised that the Department continues to consider you potentially liable under
M.G.L. c.21E for up to three (3) times the Department's Response Action Costs incurred by the
Department and for damages from the impairment of the Commonwealth's natural resources.
This liability was described in the Notice of Responsibility.previously issued to you. In addition
to liability for the Department's Response Action Costs, any person who violates any provision
of M.G.L. c. 21E or 310 CMR 40.0000 shall be subject to a civil penalty not to exceed $25,000
for each day of violation or by a fine of not more than $25,000 or by imprisonment for not more
than two years for each such violation.
To secure payment of Response Action Costs, the Commonwealth has the authority
under M.G.L. c. 2 1E, § 13 to effect liens on site and non-site property that you own in the
Commonwealth. The Commonwealth may foreclose on any such lien, and the Attorney General
may bring other legal action against you to recover any debt owed the Commonwealth.
9
NORA .
Page 4 of 4
If you wish to claim that you are financially unable to conduct the required Response
Actions at this time, you must submit a notice of financial, technical or legal inability as described
in 310 CMR 40.0172 to secure yourself with a defense to treble damages. If you can demonstrate
that you do not have the financial resources available to continue the cleanup at your property, the
Department can grant Financial Inability (FI) status, which must be renewed annually. In order to
be granted Fl status by the Department, you must complete and submit a Fl application to MassDEP
on or before September 28, 2007. Your application must include submittal of your three most
recent Federal Income Tax returns, along with two cost estimates prepared by LSPs for the next
required action to clean up your site. For more information regarding the financial inability
application, please contact Wanda Kopeych at (617) 348-4055. Even if you have a defense to treble
damages, you will still be obligated to complete response actions that you are able to perform and
continue to be liable for costs and damages.
Should MassDEP initiate Response Actions at this site, MassDEP 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 courtimposed civil penalties, and administrative penalties issued by MassDEP. If you have any
questions relative to this Notice, please contact Caprice Shaw at the letterhead address or by
telephone at 413-755-2222. All future communications regarding this release should reference
the following Release Tracking Number: RTN # 1-0478.
Sincerely,
a .SyZn
Deputy Regional Director
CERTIFIED MAIL # 7007 0710 0003 2180 7489
cc:
Maria Pinaud, Compliance and Enforcement Chief, Boston
Kristin LaCroix, Director Financial Section, Boston
Pittsfield - Chief Municipal Officer
Pittsfield - Board of Health
Deanna Ruffer, Department of Community Development Planning Department,
Pittsfield City Hall, 70 Allen Street, Pittsfield MA
Allen Jarrell, U.S. EPA Removal Program, Region I, 1 Congress St., Suite 1100,
Boston, MA 02114-2023
ecc:
Denise Andler, BWSC, Data Entry- C&E NORA
Mike Gorski, Regional Director, WERO
Joellyn Warren, Berkshire Regional Planning Commission
. MEMORANDUM
TO:
THRU:
FROM:
DATE:
September 13, 2007
SUBJECT:
RTN#:
1-00478
'
On September 13, 2007, 1 received a call from Ms. Joellyn Warren with Berkshire Regional Planning
Commission (BRPC) in regards to my prior phone message pertaining to a call that Clean Harbor trucks
were observed at the former Bel Air Mills site. Ms. Warren informed me that they have hired an LSP, TRC
Environmental Corporation in Lowell, MA (TRC), to conduct assessment work on the property. She
mentioned that TRC subcontracted Clean Harbors to calculate cost estimates to remove onsite rubble and
debris, which is preventing access to conduct soil assessment activities. She had mentioned that site
assessment activities were on hold due to the Environmental Protection Agency's (EPA) determination that
this site is not an imminent hazard. Ms. Warren stated that due to this determination, EPA Brownfield's
funding could not be used to remove the rubble on site, but could be use to continue Phase II assessment
activities. Ms. Warren stated that she is challenged to find funding to cover the cost of debris removal since
the EPA funding cannot be used for this function.
Ms. Warren stated that she will invite all stakeholders (including MassDEP) together once debris is
removed and Phase II assessment activity results are completed to discuss the next steps. I mentioned to her
to let me know when assessment work will be performed so that I can be present.
After reviewing the file, it appears that this site is adjacent to the Housatonic River. I consulted with Sue
Steenstrup of MassDEP in regards to potential PCB contamination near the river at this site's location. Sue
informed me that a Phase I was performed on this site in regards to breaching a dilapidated dam located up
river from the site, and she believed that this site was outside the area of PCB impacted sediment.
On September 19, 2007, 1 contacted Ms. Warren to inform her of MassDEP concerns regarding the integrity
of the access bridge to the site, which crosses the Western Branch of the Housatonic River. I advised Ms.
Warren to validate that the access bridge could support weighted trucks safely. She agreed that this might
be a concern and stated that she will contact their LSP to address bridge safety issues. In addition, the site is
within 20 feet of the river/wetlands and I asked if she was in communication with the Pittsfield
Conservation Commission regarding future assessment activity around the riparian area. She stated that the
Department of Community Development is in close contact with the Conservation Commission and they are
keeping them informed of all present and future activities.
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EXECUTIVE OFFICE OF
ENEIGY & ENVIRONMENTAL
AFFAIRS
436 Dwight Street - Springfield, Massachusetts 01103 - (413) 784-1100
DEVAL L. PATRICK
Governor
IAN A. BOWLES
Secretary
TIMOTHY P. MURRAY
Lieutenant Governor
LAURIE BURT
Commissioner
September 19, 2007
URGENT LEGAL MATTER: PROMPT ACTION NECESSARY
Mr. J. Barret Hollister
President
Ski America
27 Tor Court
RE:
Pittsfield
Bel Air Mill-370 Waconah Street
RTN# 1-0478
NOTICE OF RESPONSE ACTION
M.G.L. c.21E & 310 CMR 40.0000
Because of a failure to act by those-parties
tentially responsible for contamination
at the above location, thedDepartmentof EnvironmentaI Protection is planningto hire
its own contractor(s) to begin performing needed work atl is, site., If such ctions
occur, the Departmentwill seek to recover 3 times its costs-against those pties
considered legally liable for con
ation'at thissit
willdso
0and yping ien
on all properties in the Comionwealthowned by such parties.Actions must be talken
NOW to prevent the Department from proceeding in this regard.
Dear Mr. Hollister:
The Department of Environmental Protection, Bureau of Waste Site Cleanup (the
"Department" or "MassDEP") has determined that there have been one or more releases of oil
and/or hazardous material at the above-referenced site. The investigation and cleanup of such
releases are governed by M.G.L. c. 21E, the Massachusetts Oil and Hazardous Materials Release
Prevention and Response Act, and the regulations adopted thereunder, known as the Massachusetts
Contingency Plan (the "MCP"; 310 CMR 40.0000).
You and/or other parties have previously provided notification to MassDEP that a release
of oil and/or hazardous materials had occurred at the above location, and you have previously
been issued a "Notice of Responsibility" which outlined needed actions and legal liabilities in
this matter. Despite this Notice, you have failed to conduct all necessary assessment and/or
cleanup actions at this site within the time period prescribed in state law and regulation. As a
This information is available in alternate format. Call Donald M. Gomes, ADA Coordinator at 617-556-1057. TDD Service - 1-800-298-2207.
DEP on the World Wide Web: http://w.mass.gov/dep
Page 2 of 4
NORA
result, if you are a legally liable party, you are in noncompliance with M.G.L. c. 21E and the
MCP, and are now subject to Civil Administrative Penalties under M.G.L. c. 21A, Section 16
and 310 CMR 5.00, the Civil Administrative Penalty Regulations.
The Department previously informed you of your potential liability for this release in a
Notice of Responsibility dated July 15, 1996. On March.6, 1998, the Department issued you a
Notice of Noncompliance for failure to submit a Tier Classification Form or a Response Action
Outcome Statement. On February 2, 1999, the Departmerit issued you a Penalty Assessment
Notice in the amount of $3,000.00 under the authority of the Civil Administrative Penalties Act,
M.G.L. c. 21A, §16, and its regulations at 310 CMR 5. There was no response from you in
regard to the Department's correspondence. The Department has identified you as a responsible
party regarding this. release.
This Notice provides you a final opportunity to take the Response Actions required to
address this site before the Department does so. Unless you promptly reply to this Notice with your
intent by September 28, 2007 and comply with its requirements, the Department will prepare to
take the actions described below on or after October 15, 2007. Massachusetts General Law
Chapter 21E, Section 4 authorizes the Department to take such Response Actions and, when time
allows, requires the Department to notify you of its intent to take such actions.
RESPONSE ACTIONS REOUIRED AT THIS SITE I
To comply with the requirements of M.G.L. c.21E and the MCP, as specified in the
Notices of Responsibility and Noncompliance issued in this matter, all necessary actions must be
taken to eliminate substantial hazards presented by the site and achieve a level of No Significant
Risk [310 CMR 40.1000]. These actions may include, but are not limited to, Comprehensive
Response Actions [310 CMR 40.0800] and/or any necessary Immediate Response Actions [310
CMR 40.0400].
COMPLIANCE DEADLINE FOR NOTIFICATION OF YOURINTENT
TO CONDUCT RESPONSE ACTIONS
To perform Response Actions in lieu of the Department, you must respond to this
Notice by September 28, 2007, and provide the Department with the following:
1. A signed agreement with a Licensed Site Professional (LSP) to conduct Response
Actions as required by M.G.L. c.21E and the MCP. You may obtain a list of the names
and addresses of these LSPs from the Board of Registration of Hazardous Waste Site
Cleanup Professionals at (617) 556-1145 or onlineat'http://www.mass.gov/lsp.
2. An Immediate Response Action Plan and a strict timetable for conducting Immediate
Response Actions (IRAs) to address reported elevated levels of arsenic in surficial soils
that pose a potential Imminent Hazard as definedby the MCP (>40 parts per million)
including but not necessarily limited to the following:
a. Install fencing to restrict access to this site, as elevated levels
found within 100 feet of residences';
6f arsenic
were
p
-
-
Page 3 of 4
NORA
b. Remove and properly dispose of abandoned drums, aboveground storage tanks
(ASTs) and any other potential containers of oil & hazardous materials on-site.
The Department inspected the site on July 24, 2007 and identified presumably
empty 55-gallon drums and ASTs located on your site;
c.
Perform surface soil sampling and analysis for metals, including arsenic and lead;
and
d. Submit an IRA Status Report documenting completion and findings of the above
tasks.
RESPONSE ACTIONS THE DEPARTMENT INTENDS TO TAKE IF YOU FAIL TO ACT
If you do not provide the commitment to conduct such Response Actions as specified
above, as an initial step in the site characterization process, the Department will secure the
services of one or more of its contractors to conduct one or more of the following actions at this
site:
Review available information and data for the site;
Remove and properly dispose of drums containing oil and/or hazardous materials;
Obtain and analyze surface soil samples for metals including arsenic and lead;
Obtain and analyze other soil and groundwater samples as deemed appropriate on the
basis of site observations; and
5. Erect a fence to prevent public access at the site.
1.
2.
3.
4.
Information obtained from the above initial site investigation activities will help
determine the scope, nature, and timing of additional actions. The Department reserves the right
to conduct the additional response actions necessary to achieve a level of No Significant Risk at
the site without providing additional notice to you.
POTENTIAL LIABILITY AND TREBLE DAMAGES
Please be advised that the Department continues to consider you potentially liable under
M.G.L. c.21E for up to three (3) times the Department's Response Action Costs incurred by the
Department and for damages from the impairment of the Commonwealth's natural resources.
This liability was described in the Notice of Responsibility previously issued to you. In addition
to liability for the Department's Response Action Costs, any person who violates any provision
of M.G.L. c. 21E or 310 CMR 40.0000 shall be subject to a civil penalty not to exceed $25,000
for each day of violation or by a fine of not more than $25,000 or by imprisonment for not more
than two years for each such violation.
To secure payment of Response Action Costs, the Commonwealth has the authority
under M.G.L. c. 21E, §13 to effect liens on site and non-site property that you own in the
Commonwealth. The Commonwealth may-foreclose on any such lien, and the Attorney General
may bring other legal action against you to recover any debt owed the Commonwealth.
Page 4 of 4
NORA
If you wish to claim that you are financially unable to conduct the required Response
Actions at this time, you must submit a notice of financial, technical or legal inability as described
in 310 CMR 40.0172 to secure yourself with a defense to treble damages. If you can demonstrate
that you do not have the financial resources available to continue the cleanup at your property, the
Department can grant Financial Inability (FI) status, which must be renewed annually. In order to
be granted Fl status by the Department, you must complete and submit a FI application to MassDEP
on or before September 28, 2007. Your application must include submittal of your three most
recent Federal Income Tax returns, along with two cost estimates prepared by LSPs for the next
required action to clean up your site. For more information. regarding the financial inability
application, please contact Wanda Kopcych at (617) 348-4055. Even if you have a defense to treble
damages, you will still be obligated to complete response actions that you are able to perform and
continue to be liable for costs and damages.
Should MassDEP initiate Response Actions at this site, MassDEP 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 courtimposed civil penalties, and administrative penalties issued by MassDEP. If you have any
questions relative to this Notice, please contact Caprice Shaw at the letterhead address or by
telephone at 413-755-2222. .All future communications regarding this release should reference
the following Release Tracking Number: RTN # 1-0478.
Sincerely,
a . Sy ngton
Deputy,Regional Director
CERTIFIED MAIL # 7007 0710 0003 2180 7489
Maria Pinaud, Compliance and Enforcement Chief, Boston
cc:
Kristin LaCroix, Director Financial Section, Boston
Pittsfield - Chief Municipal Officer
Pittsfield - Board of Health
Deanna Ruffer, Department of Community Development Plannieg Department,
Pittsfield City Hall, 70 Allen Street, Pittsfield MA
Allen Jarrell, U.S. EPA Removal Program, Region I, 1 Congress St., Suite 1100,
Boston, MA 02114-2023
ecc:
Denise Andler, BWSC, Data Entry- C&E NORA
Mike Gorski, Regional Director, WERO
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Vhe Commonwealth of Massachusetts W
Jyn Francis Galvin - Public Browse a
Page 1 of 2
Search
The Commonwealth of Massachusetts
William Francis Galvin
Secretary of the Commonwealth, Corporations Division
One Ashburton Place, 17th floor
Boston, MA 02108-1512
Telephone: (617) 727-9640
SKI AMERICA ENTERPRISES, INC. Summary Screen
Help with this form
Request a Certificate
The exact name of the Domestic Profit Corporation: SKI AMERICA ENTERPRISES, INC.
Entity Type: Domestic Profit Corporation
Identification Number: 042513291
Old Federal Employer Identification Number (Old FEIN): 000052451
Date of Organization in Massachusetts: 01/03/1973
Date of Involuntary Dissolution by Court Order or by the SOC: 05/31/2007
Current Fiscal Month / Day: 06 / 30
Previous Fiscal Month / Day: 12 /31
The location of its principal office in Massachusetts:
No. and Street:
370 WAHCONAH STREET
City or Town:
PITTSFIELD
State: MA
Zip: 01201
Country: USA
If the business entity is organized wholly to do business outside Massachusetts, the location of that office:
No. and Street:
City or Town:
State:
Zip:
Country:
Name and address of the Registered Agent:
Name:
No. and Street:
City or Town:
State:
Zip:
Country:
The officers and all of the directors of the corporation:
Title
Individual Name
First, Middle, Last, Suffix
NI
9/5/2007
Address
(no PO Box)
Address, City or Town, State, Zip Code
PRESIDENT
JOSEPH B HOLLISTER
27 TOR COURT,
PITTSFIELD, MA USA
27 TOR COURT,
PITTSFIELD, MA USA
TREASURER
JOSEPH B HOLLISTER
27 TOR COURT,
PITTSFIELD, MA USA
27 TOR COURT,
SECRETARY
JOSEPH B HOLLISTER
PITTSFIELD, MA USA
27 TOR COURT,
PITTSFIELD, MA USA
Expiration
of Term
I
The Commonwealth of Massachusetts William Francis Galvin - Public Browse and Search
tPage 2 of 2
1
I14
27 TOR COURT,
PIT
IT
business entity stock is publicly traded:
The total number of shares and par value, if any, of each class of stock which the business entity is authorized to
issue:
Total issued
Total Authorized by Articles
of Organization or Amendments
and Outstanding
Num of Shares
Total Par Value of Shares
No Stock Information available online. Prior to August 27, 2001, records can be obtained on microfilm.
Par Value Per Share
Enter 0 if no Par
Class of Stock
INum
Confidential Data
Consent
X
Manufacturer
Partnership
_
Resident Agent
X For Profit
__
_
Does Not Require Annual Report
Merger Allowed
Note: There is additional information located in the cardfile that is not available on the system.
Select a type of filing from below to view this business entity filings:
ALL FILINGS
Administrative Dissolution
Annual Report
Application For Revival
Articles of Amendment
-
_
New Search
View Filings
Comments
@2001 - 2007 Commonwealth of Massachusetts
-All Rights Reserved
9/5/2007
-V
Help
The Commonwealth of Massachusetts
iliam Francis Galvin - Public Browse and Search
I
~all
Page 1 of 2
The Commonwealth of Massachustts
William Francis Galvin
Secretary of the Commonwealth, Corporations Division
One Ashburton Place, 17th floor
Boston, MA 02108-1512
Telephone: (617) 727-9640
SKI AMERICA, INC. Summary Screen
Help with this form
Request a Certificate
The exact name of the Domestic Profit Corporation: SKI AMERICA, INC.
Entity Type: Domestic Profit Corporation
Identification Number: 000589251
Old Federal Employer Identification Number (Old FEIN): 000000000
Date of Organization in Massachusetts: 09/22/1997
Date of Involuntary Dissolution by Court Order or by the SOC: 05/31/2007
Current Fiscal Month ! Day: 12 / 31
Previous Fiscal Month I Day: 00 /00
The location of its principal office in Massachusetts:
No. and Street:
51 HOLMES RD.
City or Town:
PITTSFIELD
State: MA
Zip: 02101
Country: USA
If the business entity is organized wholly to do business outside Massachusetts, the location of that office:
No. and Street:
City or Town:
State:
Zip:
Country:
Name and address of the Registered Agent:
Name:
No. and Street:
City or Town:
State:
Zip:
Country:
The officers and all of the directors of the corporation:
Title
/I
9/5/2007
Individual Name
Address
(no PO Box)
First, Middle, Last, Suffix
Address, City or Town, State, Zip Code
PRESIDENT
J. BARRETT HOLLISTER
51 HOLMES RD.,
PITTSFIELD, MA 01201 USA
51 HOLMES RD.,
TREASURER
J. BARRETT HOLLISTER
51 HOLMES RD.,
51 HOLMES RD.,
I
SECRETARY
_
P. KEYBURN HOLLISTER
106 WENDELL AVE.,
Expiration
of Term
Page 2
The Commonwealth of Massachusetts Wlliam Francis Galvin - Public Browse anjSea;ch
106 WENDELL AVE,
|
|
I
business entity stock is publicly traded:
The total number of shares and par value, if any, of each class of stock which the business entity is authorized to
issue:
Par Value Per Share
Enter 0 if no Par
Class of Stock
Total Authorized by Articles
of Organization or Amendments
Total Par Value
Num of Shares
Total Issued
and Outstanding
Num of Shares
No Stock Information available online. Prior to August 27,2d01, records can be obtained on microfilm.
Manufacturer
Consent
X
Partnership
-
Resident Agent
X
Confidential Data
_
Does Not Require Annual Report
For Profit
-
Merger Allowed
Select a type of filing from below to view this business entity filings:
ALL FILINGS
Administrative Dissolution
Annual Report
Application For Revival
Articles of Amendment
New Search
View Filings
Comments
@ 2001 - 2007 Commonwealth of Massachusetts
All Rights Reserved
I
9/5/2007
Heli
Page 1 of 2
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9/5/2007
Page 2 of 2
Massachusetta Department of Environmental ProteCtan
BWSC
Rele
ase Tracking Numbe
- [
478
A. RELEASE/SITE LOCATION:
4. ZIPCode: 012010000
08/02/2007
[
Li
Start Time: 12:30
(mm/dd/yyyy)
AM
PM
(h hhmm)
2. Record an Initial Compliance Field Response - Announced.
3. Record an Initial Compliance Field Response - Unannounced
L
O
fl8.
6
fl
Record a Follow-up Office Response.
.10. Correct or Add Data to WSC Database otherwise not specified on this form. (Record in Section C and, if needed, F)
C. DESCRIPTION OF ACTIVITIES RECORDED BY THIS FORM:
I PERFORMED AN INSPECTION OF THE ABOVE SITE. THIS SITE HAS BEEN LISTED AS TIER ID WITH NO
RECENT ACTIVITY. I SPOKE WITH KATHY DESNAN, WHO WAS WORKING AT THE BERKSHIRE ROOFING AND
SIDING CO., LOCATED AT 400 WACONAH STREET, ADJACENT TO THE SITE. SHE EXPLAINED THAT THERE
HAS BEEN NO ACTIVITY AT THE SITE OTHER THAN LOOTERS STEALING BRICKS AND COPPER piping. SHE
SAID THAT THE TOWN WAS TRYING TO TAKE THE PROPERTY FOR BACK TAXES AND GAVE ME THE NAME
OF THE TOWN CONTACT, DEANNA RUFFER - 413.499-9449.
BOTH BUILDINGS HAVE BEEN BURNED DOWN, BUT THE BACK/SOUTH BUILDING, ACCORDING TO KATHY,
WAS ENCLOSED WITH A CHAIN-LINK FENCE BY THE TOWN. I DID OBSERVECA SECTION OF THE FENCE
WAS DOWN ALLOWING ACCESS. Based upon maps from the recent report funded by the USEPA, i cannot
determine if the sample locations with elevated lead and arsenic are within the fenced area around the south
building. Access to the entire site is somewhat restricted due to only one entrance over the bridge that spans
the West Branch of the Housatonic River that runs along the west side of the property. A good portion of the
site is fenced in along its boundary perimeter. Photos attached.
On 8-6-07, I received a call from the owner of Berkshire Roofing and Siding Co., Mike Wheeler. He said he has
1. DEP Staff:
a. Name:
2. Preparer Signature:
R
d i 22/2
ev se : 04/
04
FISH BERNARD
,
/1
3. Date:
-
Page I of 2
4
4.
RELEASE
BWSC102
AMENDMENT FORM
EJ
c. new person associated
LUwith
release
3. Contact First Name: J BARET
5. Street:
27 TOR COURT
7. City/Town:
6. Title:
8. State: [LA
PITTSFIELD
10. Telephone:
11. Ext.:
W
a. PRP
Fl
9. ZIP Code: 01201-0000
12. FAX:
b. Other
c. Type PRP Generic or Non-specified
F. ADDITIONAL DESCRIPTION:
called the Town, and the owner, Barry Hollister owes the Town $400K in back taxes. He is interested in buying
the property, and wishes to stay in contact with the Department's progress with the site.
Revised: 04/22/2004
.Page 2 of 2
CITY OF PITTSFIELD
MASSACHUSETTS
DEPARTMENT OF COMMUNITY
DEANNA L.
DEVELOPMENT
RUFFER
CITY HAti.
70 ALEN STRtT
PITTSFIELO. MA 012 101
(413) 499-9449
(413) 442-5661-- FAX
EMAIL [email protected]
I
I
~,
MEMORANDUM
TO:
Rick Green, Section Chief, Site Management/Permits
FROM:
DATE:
July 24, 2007
SUBJECT:
Fmr. Bel Air Mills
370 Waconah Street
Pittsfield, MA
RTN:
1-0478
On June 4, 2007, the BWSC received a report prepared by Weston Solutions, Inc. and entitled
"Removal Program Preliminary Assessment/Site Investigation" Report for the above property. The
property was occupied by Bel Air Manufacturing Co., until the 1920s, Goodwill Industries to 1965, Ski
America from 1982 to 1986, and unoccupied thereafter. Property is owned by Barry Hollister.
In 1988, the Department received notification by CEA concerning 1,450 ppb of methylene chloride in
a groundwater-monitoring well. The notification stated that the improper disposal of paint thinner into
a floor drain as the possible cause of groundwater contamination. In 1995, the site became a Tier
ID, and in 7/1996, a NOR was issued to the owner. In 2001 and 2005 the mill buildings were
destroyed in fires. In 4/2006, TRC Env. performed a Phase I Site Assessment for the Berkshire
Regional Planning Commission. During an inspection by TRC, several 55-gallon drums and debris
piles were observed. TRC suspected lead-based paint and asbestos in the debris. Floor drains and
groundwater-monitoring wells were not found.
In October of 2006 and April 2007, Weston Solutions, Inc. performed a site reconnaissance and also
found the empty 55-gallon drums, ASTs, and debris piles. Over the course of the two inspections, 62
debris and surface soil samples (0-3 inches and 0-6 inches) were obtained for metals and asbestos
analyses. Asbestos was not found, but elevated levels of lead and arsenic were found in surficial
soil. 590 ppm of arsenic was detected in SS-11 (building debris/ash) at 0-3 inches and 4,900 ppm of
lead was detected in SS-19N1 (medium sand, gray fine ground mortar, and brick debris) at 0-6
inches. The elevated level of arsenic poses a potential Imminent Hazard as defined by the MCP
(>40 ppm). Sample location is within 100 feet of residences. Site is not access restricted.
/,64'7WI
UNITED STATES ENVIRONMENTAL PROTECTION
GENCY
- REGION 1
1 CONGRESS STREET, SUITE 1100
BOSTON, MASSACHUSETTS 02114-2023
1.4PAoIUc
May 31, 2007
c/o Mr. Ben Fish
436 Dwight Street, 5 th Floor
Springfield, MA 01103
Re:
Bel Air Mills Site, Pittsfield, MA
Dear Mr. Fish:
Enclosed is a copy of the Removal ProgramPreliminaryAssessment/Site Investigation
Reportfor the Bel Air Mills Site, dated May 2007. Also enclosed is a copy of the Site
Investigation Closure Memorandum dated May 15, 2007.
If you have any questions regarding these documents, please call me at 617-918-1254.
Sincerely,
Wing Chau, On-Scene Coordinator
Emergency Planning and Response Branch
Enclosures.
Toll Free - 1 -888-372-7341
Internet Address (URL) . http://www.epa.gov/regioni
Recycled/Recyclable .Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Postconsumer)
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION I
DATE:
May 15, 2007
SUBJ:
Site Investigation Closure Memorandum
Bel Air Mills Site
.
370 Wahconah Street
Pittsfield, MA
FROM:
Wing Chau, On-Scene
Emergency Respons
THRU:
Steven Novick, Chief
Emergency Response and Removal Section II, EPRB, OSRR
TO:
-
oordinator
emoval Sect on II, EPRB, OSRR
Bel Air Mills Site File
In accordance with section 300.410 of the National Contingency Plan (NCP), a Removal Site Evaluation,
consisting of a Preliminary Assessment and Site Investigation (PA/SI), has been undertaken at the Bel Air
Mills Site ("Site") in Pittsfield, Massachusetts. The findings of the Removal Site Evaluation have been
evaluated under the criteria set forth in section 300.415 of the NCP, section 104(a) and (b) of the
Comprehensive Environmental Response Compensation and Liability Act (CERCLA), 42 U.S.C. §
9604(a) and (b) and Clean Water Act (CWA) § 311 (c)(i) as amended by the Oil Pollution Act (OPA) §
4201 (a). The Removal Site Evaluation has led to the determination that a Removal Action is not
appropriate at this time.
The findings of the Removal Site Evaluation are outlined below.
1.
Source and nature of the release orthreat of release
a.
The Removal Site Evaluation consisted of the following actions.
i.
Review of the Phase I Environmental Site Assessment Report generated by TRC
Environmental Corporation, dated April 26, 2006.
ii.
Review of environmental data for the samples collected in October 2006 by EPA
and Weston Solutions. Laboratory Reports generated by EPA's Office of
Environmental Measurement and Evaluation (OEME) are dated October 17, 2006
and October 26, 2006.
iii.
Review of environmental data for the samples collected in April 2007 by EPA and
Weston Solutions. Laboratory Reports generated by OEME are dated April 16,
2007 and April 23, 2007.
- I
iv.
v.
vi.
b.
2.
The Site Investigations conducted on October 3, 2006 and April 10-11, 2007.
Generating a PA/SI report by EPA's contractor, titled "Preliminary Assessment
and Site Investigation Report for the Bel Air Mill Site, Pittsfield, MA"; and
Completing PA and SI forms included in the above report.
Based on the information available at this time, the principal hazardous substances or
pollutants or contaminants that are being released or for which there is threat of release
include but are not necessarily limited to the list below.
Hazardous Substances or
Pollutants or Contaminants
Media
Lead
soil
Evaluation of the threat to public health, welfare and the environment
a.
Federal Agency for Toxic Substances and Disease Registry:
Threat
b.
No Threat
Endangerment to the ecosystem:
Threat
3.
Evaluation Not Necessary _X
No Threat
Evaluation Not Necessary _X
The Removal Site Evaluation was terminated pursuant to section 300.410(f) of the NCP for the
following reason(s).
)
There is no release.
)
The source is neither a "vessel" nor a "facility" as defined in section 300.5 of
the NCP.
()
)
The reldase involves neither a hazardous substance, nor a pollutant or
contaminant that may present an imminent and substantial danger to public
health or welfare of the United States.
It is subject to the limitations on response specified in §300.400(b)(1) through
(3). The release is
()
of a naturally occurring substance in its unaltered form, or altered
solely through naturally occurring processes or phenomena,
from a location where it is naturally found.
May 15, 2007
Page 2 of 4
- qlq
9
()
from products that are part of the structure of, and result in exposure
within, residential buildings or businesses or community
structures.
)
into public or private drinking water supplies due to deterioration of
the system through ordinary use.
(X)
4.
The amount, quantity, or concentration released does not warrant a Federal
response.
)
A party responsible for the release, or any other person, is providing
appropriate response, and on-scene monitoring by EPA is not required.
)
The Removal Site Evaluation is complete.
As reflected in Section 3, above, the Removal Site Evaluation was terminated due to its
completion, and not for other reasons.
a.
The factors listed below, found in Section 300.415(b)(2) of the NCP, are applicable to this
Site.
(X)
Actual or potential exposure to nearby human populations, animals, or the
food chain from hazardous substances or pollutants or contaminants.
(X)
Actual or potential contamination of drinking water supplies or sensitive
ecosystems.
)
(X)
Hazardous substances or pollutants or contaminants in drums, barrels, tanks,
or other bulk storage containers, that may pose a threat of release.
High levels of hazardous substances or pollutants or contaminants in soils'
largely at or near the surface, that may migrate.
)
Weather conditions that may cause hazardous substances or pollutants or
contaminants to migrate or be released.
)
Threat of fire or explosion.
( )
The availability of other appropriate Federal or State response mechanisms to
respond to the release.
( )
Other situations or factors that may pose threats to public health or welfare of
the United States or the environment.
b.
The absence of the conditions specified in Section 4.a., above, indicate that a Removal
Action under section-300.415 of the NCP is not necessary.
May 15, 2007
Page 3 of 4
9
9
Analytical results for the soil samples collected during the October 2006 and April 2007 site
investigations do not support the need for a Federal response at this time. The extent of leadcontamination at the site was significantly characterized during these sampling events. Two very
small hot-spot areas were detected and the source is believed to be from lead paint from the
building. EPA will refer this site to the Massachusetts Department of Environmental Protection
for oversight.
5.
As reflected in Section 3, above, the Removal Site Evaluation was terminated due to its
completion, and not for other reasons.
a.
As found in section 300.410(e)(1) of the NCP, the OSC shall determine whether a release
-governed by CWA section 311(c)(1), as amended by OPA section 4201(a), has occurred.
).
(X).
b.
There is a release, or potential threat of release, as governed by the CWA as
amended by OPA.
There is not a release, or potential threat of release, as governed by the CWA
as amended by OPA.
The absence of the conditions specified in Section 5.a., above, indicate that an Oil
Spill Response under Appendix E to Part 300 of the NCP is not necessary.
cc:
Steven Novick, Chief, Emergency Response and Removal Section-fI, OSRR (w/o attachments)
Meghan Cassidy, Chief, Technical Support & Site Assessment Section, OSRR (w/o attachments)
Cheryl O'Halloran, EPRB, OSRR (w/o attachments)
Ben Fish, Massachusetts Department of Environmental Protection
J. Barrett Hollister, Property Owner
Encl:
PA/SI Report
May 15, 2007
Page 4 of 4
4
SCANN EZD
kr/V/--o'?'
REMOVAL PROGRAM
PRELIMINARY ASSESSMENT/
SITE INVESTIGATION REPORT
FOR THE
BEL AIR MILLS SITE
COUNTY, MASSACHUSETTS
BERKSHIRE
PITTSFIELD,
27 SEPTEMBER 2006,3 OCTOBER 2006,
and 10 - 11 APRIL 2007
Prepared For:
U.S. Environmental Protection Agency
Region I
Emergency Planning and Response Branch
1 Congress Street, Suite 1100
Boston, MA 02114-2023
CONTRACT NO. EP-W-05-042
TDD NO. 06-07-0020
TASK NO. 0231
DC NO. R-4459
Submitted By:
Weston Solutions, Inc.
Region I
Superfund Technical Assessment and Response Team III (START)
3 Riverside Drive
Andover, MA 01810
May 2007
TABLE OF CONTE NTS
Preliminary Assessment/Site Investigation Forms
II.
Narrative Chronology
IIL.
Appendices
Appendix A
- Figures
Appendix B
- Tables and Spreadsheets
Appendix C
- Photodocumentation Log
Appendix D
- Chain-of-Custody Record
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I. Preliminary Assessment/Site Investigation Forms
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EPA REGION I
REMOVAL PRELIMINARY ASSESSMENT
Site Name and Location
Name: Bel Air Mills
Town: Pittsfield
Site Status:
Location: 370 Wahconah Street
County: Berkshire
()NPL
()ACTIVE
()NON-NPL
(4)ABANDONED
()RCRA
()OTHER
(4)Attached USGS Map of Location
Latitude: 420 28' 9.5" North
iState: Massachusetts
()TSCA
(J)Site I.D. No.: 01DW
Longitude: 73 0 14' 60" West
Referral
()Citizen
()RCRA
()City/Town
)State
()Preremedial
(J)Other: EPA Brownfields Section
Name of referring party: US Environmental Protection Agency (EPA), Brownfields Group.
Address: 1 Congress Street, Suite 1100, Boston, MA 02114
Telephone: (617) 918-1389
Contacts Identified
1) Jim Byrne
2)
3)
Telephone: (617) 918-1389
Telephone:( )
Telephone:( )
Source of Information
() Verbal:
() Report: TRC Environmental Corporation (TRC), PhaseIEnvironmental Site Assessment, dated
26 April 2006.
()Other:
Potential Responsible Parties
Owner: J. Barret Hollister
Telephone:(413) 447-7522
Address: 51 Homes Road, Pittsfield, MA 01201
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Site Access
Authorizing Person: J. Barret Hollister
Date: 13 August 2006
Telephone: (413) 447-7522
(4)Obtained
()Not Obtained
()Verbal
(')Written
Historical Preservation
0 Site is Historically Significant or Eligible for Historic Preservation
Contacts Identified
1) State Historical Preservation Officer (SHPO)
Name: Brona Simon
Telephone:(617) 727-8470
2) Tribal Historical Preservation Officer (THPO)
Telephone:( )
Name:
Comments: The site is not considered to be historically significant. The on-site buildings have been
destroyed by several fires, and are therefore not eligible for historic preservation.
Physical Site Characterization
Background Information: The Bel Air Mills site (the site) is located at 370 Wahconah Street in
Pittsfield, Berkshire County, Massachusetts. The geographical coordinates as measured from the
approximate center of the site are 420 28' 9.5" north latitude and 730 14' 60" west longitude. The
property is bordered to the north by a warehouse and Bel Air Pond Dam, to the east by residential
housing, to the south by Bel Air Avenue and residential housing, and to the west by the West Branch
of the Housatonic River, Wahconah Street and residential housing. The property is owned by J.
Barret Hollister.
The site is the location of the Former Bel Air Mills Property. The two Bel Air Mills buildings
(northern and southern) were built in the late 19 * century, and occupied by Bel Air Manufacturing
Company until the 1920s, when the property was sold to Hathaway Bakeries, Inc., which occupied
the facility until the 1950s. It was then sold to Goodwill Industries in 1965, and was then occupied
by Ski America, a ski supply and retail store, from 1982 to 1986. The site has been unoccupied since
1986.
On 27 April 1988, the Massachusetts Department of Environmental Quality Engineering [now the
Massachusetts Department of Environmental Protection (Mass DEP)] received notification of
possible on-site contamination of groundwater, based on a monitoring well sample that revealed a
concentration of methylene chloride at 1,450 parts per billion (ppb). The report, submitted by
Corporate Environmental Advisors, Inc. (CEA), noted that the possible source of contamination was
the disposal of paint thinner through a floor drain. CEA performed the sampling and inspection on
behalf of the owner, Mr. Hollister. CEA also suspected that other chemicals and contaminants were
2
4g
Physical Site Characterization (Continued)
disposed of in a similar fashion, or in other inappropriate ways, such as release into the West Branch
of the Housatonic River, or dumping directly onto the soil.
On 9 August 1995, Mass DEP assigned a Tier 1D Default status to the site.
qI
In July 1996, the property owner was issued a Notice o Responsibility by ass DEP. The notice
stated that the owner had failed to comply.with submission deadlines, ad that no work-had been
done at the site since the sample collection in 1988.
In February 2001, the southern mill building was destroyed by fire. During an arson inspection in
2002, the Pittsfield Fire Department observed several forms of machinery and two gasoline tanks
(unknown capacity) that were removed during the inspection. An inspection conducted by the
Department of Environmental Management (DEM) (nov known as the Department of Conservation
and Recreation) in 2002 indicated the disrepair and poor condition of the Bel Air Pond Dam and
pedestrian footbridge located on the property.
In October 2005, the northern mill building was destroyed by fire. An October 2005 inspection
conducted by the Office of Dam Safety (ODS) reiterated the previous findings on the condition of the
Bel Air Pond Dam.
On 26 April 2006, a Phase I Site Assessment Report was produced by TRC Environmental
Corporation (TRC) on behalf 'of the Berkshire Regional Planning Commission (BRPC). TRC
reported that during a reconnaissance in February 2006; several unidentified 55-gallon drums were
observed, as well as several large debris piles from the 2001 and 2005 mill fires. There are two small
concrete structures on the site, which were also filled with various debris, drums, and other refuse.
An estimated 300-gallon aboveground storage tank (AST) was also observed amidst the debris. TRC
also suspected the presence of lead-based paint and asbestos in the debris. The report indicated that
floor drains and monitoring wells were not found" and no additional sourcesof -potential
contamination were observed due to snow and debris present at the time of the'reconnaissance.
Description of Substances Possibly Present, Knownor Alleged: A 1988 report submitted by CEA
indicated the presence of methylene chloride at 1,450 parts per billion (ppb) in a monitoring well
sample. The report noted that the possible source of contamination was the disposal of paint thinner
through a floor drain.
Existing Analytical Data
( Real-Time Monitoring Data:
(X) Sampling Data: A 1988 report submitted by CEA indicated the presence of methylene chloride
at 1,450 parts per billion (ppb) in a monitoring well saimple.
Corporation on behalf of the BRPC.
3
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Potential Threat
Description of potential hazards to environment and/or population-identify any of the criteria for a
Removal Action (from NCP) that may be met by the site under 40 CFR 300.415 [b] [2].
i.
Actual or potential exposure to nearby human populations, animals, or the food chain from
hazardous substances, pollutants or contaminants.
ii.
Actual or potential contamination of drinking water supplies or sensitive ecosystems.
iii.
Hazardous substances or pollutants or contaminants in drums, barrels, tanks, or other bulk
storage containers, that may pose a threat of release.
iv.
High levels of hazardous substances or pollutants or contaminants in soils largely at or near
the surface, that may migrate.
v.
Weather conditions that may cause hazardous substances or pollutants or contaminants to
migrate or be released.
vi.
vii.
The availability of other appropriate federal or state response mechanisms to respond to the
release.
viii.
Other situations or factors that may pose threats to public health or welfare or the
environment.
Prior Response Activities
(X) OTHER
()FEDERAL
()STATE
(PRP
Advisors. April 1988.
Environmental
Brief Description: Site Inspection, conducted by Corporate
Phase I Site Assessment, conducted by TRC Environmental Corporation. April 2006.
Priority for Site Investigation
(X) High
Comments:
(Medium
()Low
(None
Report Generation
Date:
Telephone:
Task No.:
Originator: Bonnie J. Mace
Affiliation: Weston Solutions, Inc. (START)
06-07-0020
TDD No.:
4
13 April 2007
(978) 552-2131
0231
4
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a
EPA REGION IT
REMOVAL SITE INVESTIGATION
Inspection Information
Site Name: Bel Air Mills
Town: Pittsfield
Date of Inspection:
Address: 370 Wahconah Street
County: Berkshire
State: Massachusetts
3 October 2006, and 10 to' 11 April 2007
Weather Conditions:
3 October 2006 - Partly cloudy, 680 Fahrenheit.
10 April 2007 - Cold, overcast, 350 Fahrenheit.
11 April 2007 - Clear, dold, sunny, 45* Fahrenheit.
(') INACTIVE
Site Status at Time of Inspection: () ACTIVE
Comments: The southern portion of the building was destroyed by fire intFebruary 2001, and
the north portion of the building was destroyed by fire in October 2005.
Agencies/Personnel PerforM ing Inspection
(4) EPA:
(4)EPA Contractor:
Names
Allen Jarrell
Wing Chau
Program
U.S. Environmental
Protection Agency (EPA)
Region
I
Emergency
Planning
and
Response
Branch (EPRB) On-Scene
Coordinator (OSC).
Bonnie Mace
Eric Ackerman
John Burton
Lindsay Rasel
Carolyn Imbres
Weston Solutions, Inc.
(WESTON) Superfund
Technical Assessment and
Response Team III (START).
() State:
()Other:
Current Owner Based on Field Interview: J. Barret Hollister
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Physical Site Characteristics
Parameter
Quantities/Extent
()Cylinders:
( Drums: Several empty 55-gallon drums were found on site and in the remaining on-site
structures.
()Lagoons:
(4)Tanks: (4) Above: Two empty 300-gallon fuel tanks were discovered in the north portion
debris pile.
() Below:
(4)Asbestos: START collected four samples of glazing from building windowpanes, along with
other possible asbestos containing materials.
(4) Piles: Large debris piles were observed on site from the fire-damaged mill buildings.
()Stained Soil:
(Sheens:
()Stressed Vegetation:
(Landfill:
(4) Population in Vicinity: A warehouse abuts the north portion of the site which employs
several workers. The site is also surrounded by several single and multi-family residences.
()Wells:
()Drinking:
()Monitoring:
(Other:
Physical Site Observations
The site contains a large debris pile from the fire-damaged mill buildings. The north portion
consists mainly of wood timbers, while the southern portion consists mainly of brick. There
were two small concrete structures on the site, which were also filled with various debris, empty
drums, and other refuse. Two empty, estimated 300-gallon aboveground storage tanks (ASTs)
were also observed amidst the debris, and several empty unidentified 55-gallon drums were
observed in the remaining on-site structures. The property is bordered to the north by a
warehouse and Bel Air Pond Dam, to the east by residential housing, to the south by Bel Air
Avenue and residential housing, and to the west by the West Branch of the Housatonic River,
Wahconah Street, and residential housing.
Field Sampling and Analysis
Matrix/Analytical
Parameter
Background Readings:
Field Instrumentation
CGI/0 2
RAD
PID
0.0/20.9%
9gR/hr
0.0
FID
0.0
Air:
0.0/20.9%
0.0
9gR/hr
2
0.0
Other
II
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Field Sampling and Analysis (Concluded)
Matrix/Analytical
Parameter
Field Instrumentation
CGI/0 2
RAD
PID
FID
Soil:
Piles:
Other:
0.0/20.9%
0.0/20.9%
0.0
0.0
9piR/hr
9pR/hr,
0.0
0.0
Other
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Field Quality Control Procedures
()Deviation From SOP
(4) SOP Followed
Comments: START followed the protocol outlined 'in the document entitled, Sampling and
Analysis Plan (SAP) for the 370 Waconah Street Site, Iittsfield,Massachutsetts.
On 3 October 2006, START collected a total of 40 debris and surface soil samples from 38
locations throughout the site for metals analysis. In addition, four samples were collected from
window pane glazing and other possible asbestos-containing material (ACM) locations for
asbestos analysis. All samples were sent to EPA'Office of Environnental Measurement and
Evaluation (OEME) located in North Chelmsford, Massachusetts for metals and asbestos
analysis. On 10 and 11 April 2007, START collected a total of 35 "debris and surface soil
samples from the areas surrounding six of the original sample locations for on-site X-Ray
Fluorescence screening for lead. In addition four, of these samples were sent to the laboratory
for confirmatory lead analysis. The on-site samples were screened by OEME lab personnel and
the confirmatory samples were sent to OEME for leadt analysis.
Analyses
Analytical Parameter
)VOC
()PCB.
()PESTICIDE
(4)METALS (Lead)
()CYANIDE
(SVOC
(TOXICITY
()DIOXIN
(4) ASBESTOS
()OTHER
Media
()AIR
()WATER
(4) SOIL
(4) SOURCE
(SEDIMENT
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Description of Sampling Conducted
Laboratory
(4)OEME
()CLP
()PRIVATE
(SAS
(SOW
(4) FIELD
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Analytical results: (see Appendix E - Analytical Data)
Receptors
Comments
()Drinking ()Private:
Water
()Municipal:
()Groundwater:
() Unrestricted Access: The site is adjacent to an active warehouse, therefore access is
unrestricted.
(1) Population in Proximity: A warehouse abuts the north portion of the site which employs
several workers. The site is also surrounded by several single and multi-family residences.
(') Sensitive Ecosystem: The west branch of Housatonic River borders the site to the west.
()Other:
Additional Procedures for Site Determination
()Biological Evaluation
(ATSDR
To be determined by the Task Monitor.
Site Determination
Depending on further information, criteria that may be met by the site include 40 CFR 300.415
[b] [2], parts:
i.
Actual or potential exposure to nearby human populations, animals, or the food chain
from hazardous substances, pollutants or contaminants.
ii.
Actual or potential contamination of drinking water supplies or sensitive ecosystems.
iii.
Hazardous substances or pollutants or contaminants in drums, barrels, tanks, or other
bulk storage containers, that may pose a threat of release.
iv.
High levels of hazardous substances or pollutants or contaminants in soils largely at or
near the surface, that may migrate.
v.
Weather conditions that may cause hazardous substances or pollutants or contaminants to
migrate or be released.
vi.
vii.
The availability of other appropriate federal or state response mechanisms to respond to
the release.
4
Site Determination (Codncluded)
viii.
Other situations or factors that may pose threats to public health or welfare or the
environment.
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Report Generation
Originator:
Affiliation:
TDD No.:
13 April 2007
(978) 552-2131
0231
Date:
Telephone:
Task No.:
Bonnie Mace
Weston Solutions, Inc. (START)
06-07-0020
.IL
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II. Narrative Chronology
Narrative Chronology
Introduction
The Bel Air Mills site (the site) is located at 370 Wahconah Street in Pittsfield, Berkshire
County, Massachusetts [see Appendix A - Figures, Site Location Map (Figure 1)]. The
geographical coordinates as measured from the approximate center of the site are 42 28' 9.5"
north latitude and 730 14' 60" west longitude. The site is a former mill property that had the
northern and southern mill buildings destroyed by separate fires in 2005 and 2001, respectively.
Large debris piles remain on the property from these fires. In 1988, there was a reported release
of methylene chloride to the groundwater, believed to be from the inappropriate disposal of paint
thinner through a floor drain. There is the potential of lead-based paint and asbestos within the
debris piles. Several drums and aboveground storage tanks (ASTs) were observed in the debris
piles, and two small concrete buildings also contained drums and debris. Weston Solutions, Inc.
Superfund Technical Assessment and Response Team (START) was tasked with performing a
Preliminary Assessment/Site Investigation (PA/SI) at the site to determine whether
contamination remains or is present in on-site soil and debris.
Site Description
The site is bounded to the north by a warehouse and Bel Air Pond Dam, to the east by residential
housing, to the south by Bel Air Avenue and residential housing, and to the west by the West
Branch of the Housatonic River, Wahconah Street and residential housing [see Appendix A Figures, Site Diagram (Figure 2)]. The property is owned by J. Barret Hollister.
The site contains a large debris pile from the fire-darnaged mill buildings. The north portion
consists mainly of wood timbers, while the southern portion consists mainly of brick. There
were two small concrete structures on the site, which were also filled with various debris, drums,
and other refuse. Two estimated 300-gallon aboVeground storage tanks (ASTs) and several
unidentified 55-gallon drums were observed amidst the debris.
Site History
The site is the location of the Former Bel Air Mills Property. The two Bel Air Mills buildings
(northern and southern) were built in the late 19t century, and, occupied by Bel Air
Manufacturing Company until the 1920s, when the property was sold to Hathaway Bakeries,
Inc., which occupied the facility until the 1950s. It was then sold to Goodwill Industries in 1965,
and was occupied by Ski America, a ski supply and retail store, from 1982 to 1986. The site has
been unoccupied since 1986.
On 27 April 1988, the Massachusetts Department of Environmental Quality Engineering [now
the Massachusetts Department of Environmental Protection (Mass DEP)] received notification of
possible on-site contamination of groundwater, based on a monitoring well sample that revealed
a concentration of methylene chloride at 1,450 parts per billion (ppb). The report, submitted by
Corporate Environmental Advisors, Inc. (CEA) noted that the possible source of contamination
was the disposal of paint thinner through a floor' drain. CEA perfdrmed the sampling and
1
inspection on behalf of the owner, Mr. Hollister. CEA also suspected that other chemicals and
contaminants were disposed of in a similar fashion, or in other inappropriate ways, such as
release into the West Branch of the Housatonic River which bisects the site, or dumping directly
onto the soil.
On 9 August 1995, Mass DEP assigned a Tier ID Default status to the site.
In July 1996, the property owner was issued a Notice of Responsibility by Mass DEP. The
notice stated that the owner had failed to comply with submission deadlines, and that no work
had been done at the site since the sample collection in 1988.
In February 2001, the southern mill building was destroyed by a fire. During an arson inspection
in 2002, the Pittsfield Fire Department observed several forms of machinery and two gasoline
tanks (unknown capacity) that were removed during the inspection. An inspection conducted by
the Department of Environmental Management (DEM) (now known as the Department of
Conservation and Recreation) in 2002 indicated the disrepair and poor condition of the Bel Air
Pond Dam and pedestrian footbridge located on the property.
In October 2005, the northern mill building was destroyed by fire. An October 2005 inspection
conducted by the Office of Dam Safety (ODS) reiterated the previous findings on the condition
of the Bel Air Pond Dam.
Corporation (TRC) on behalf of the Berkshire Regional Planning Commission (BRPC). TRC
reported that during a reconnaissance in February 2006, several unidentified 55-gallon drums
were observed, as well as several large debris piles from the 2001 and 2005 fires. There are two
small concrete structures on the site, which were also filled with various debris, drums, and other
refuse. An estimated 300-gallon aboveground storage tank (AST) was also observed amidst the
debris. TRC suspected the presence of lead-based paint and asbestos in the debris. The report
indicated that floor drains and monitoring wells were not found, and no additional sources of
potential contamination were observed due to snow and debris present at the time of the
reconnaissance.
Site Activities
On 27 September 2006, U.S. Environmental Protection Agency (EPA) On-Scene Coordinator
(OSC) Allen Jarrell and START members Eric Ackerman and Lindsay Rasel mobilized to the
site to conduct a reconnaissance of the property to prepare for future sampling activities as part
of a Removal Program preliminary assessment/site investigation (PA/SI). START member
Ackerman conducted a safety and operations meeting, and on-site personnel reviewed and signed
the site health and safety plan (HASP). The HASP was prepared as a separate document, entitled
Weston Solutions, Inc., Region I START Health and Safety Plan (HASP) 370 Waconah Street
Site, Pittsfield, Massachusetts. START confirmed the observations made by TRC in the
February 2006 reconnaissance; noting the large debris piles from the destroyed buildings, empty
drums on site and in the on-site concrete structures, and two empty 300-gallon ASTs within the
2
debris piles. START conducted air monitoring during the reconnaissance, and detected no levels
above background.
On 3 October 2006, OSC Jarrell and START members Ackernan, Rasel, onnie Mace and John
Burton mobilized to the site to conduct debris and surface soil sampling activities. START
personnel established a support zone and calibrated air monitoring instruments, including a
combination photoionization detector (PID)/flame ionization detector (FID), a combustible gas
indicator/oxygen meter (CGI/02), and a radiation meter (MicroR). Background levels were
recorded in the HASP as follows: PID = 0.0 parts, per million (ppm); FID = 0.0 ppm; lower
explosive limit (LEL) = 0%; oxygen (02) = 21.1%; and MicroR = 9 microRoentgens per hour
START member Mace conducted a safety and operations meeting, and on-site
(pR/hr).
personnel reviewed and signed the site HASP.
START personnel collected 40 grab debris and surface soil samples from the debris piles and onsite surface soils using dedicated sampling equipment [see Appendix A - Figures, Sample
Location Map (Figure 3)]. The debris and soil samples were collectedifor metals analysis. In
addition four samples were collected for asbestos analysis. Descriptions pf samples collected are
summarized in Table 1 [see Appendix B - Tables and Spreadsheets, Sample Descriptions for the
Bel Air Mills Site (Table 1)]. Sampling activities were performed in accordance with the site
sampling and analysis plan (SAP), which was prepared as a separate document, entitled
Sampling and Analysis Plan for the 370 Waconah Street Site, Pittsfeld, Massachusetts. Air
monitoring conducted at each sample location indicated no readings above background levels.
The site and selected sample locations were photoddcumented by START member Ackerman
(see Appendix C - Photodocumentation Log).
Samples were transported to the EPA Office of Environmental Measurement and Evaluation
(OEME) located in North Chelmsford, Massachusetts! for metals and asbestos analysis. Samples
were relinquished to the EPA OEME sample custodian (see Appendix D - Chain-of-Custody
-Record).
On 16 November 2006, START received the analytical data results from OEME. These data
have been summarized and included as an appendix [see Appendix B - Tables and Spreadsheets,
Bulk Asbestos Analyses (Table 2) and Metals in Soil Analyses (Table 3)].
On 10 and 11 April 2007, EPA OSC Wing Chau, START members Mace and Carolyn Imbres,
and OEME Chemist Eugene Wafo mobilized to the site to collect additional soil samples
surrounding six of the 3 October 2006 sample locations where analytical results for lead were
greater than 300 parts per million (ppm). START personnel established a support zone and
calibrated the air monitoring instrument that included a CGI/0 2 meter with a PID. Background
levels were recorded in the HASP as follows: PID{ 0.0 units; LEL 0%; and oxygen (02) =
START member Mace conducted a safety and operatiohs meeting, and on-site
20.9%.
personnel reviewed and signed the site HASP.
START personnel collected 32 grab debris and surface soil samples 'sing dedicated sampling
equipment from the areas surrounding six of the previous sample locations [see Appendix A 3
-
4
.9
Figures, Sample Location Map (Figure 4)]. The debris and soil samples were collected for onsite X-Ray Fluorescence (XRF) screening analysis for lead. Descriptions of the samples
collected were summarized and included in Table 1. Sampling activities were performed in
accordance with the modifications to the SAP. Air monitoring conducted at each sample
location indicated no readings above background levels. The site and selected sample locations
were photodocumented by START member Mace.
Samples were relinquished to the on-site OEME chemist for XRF lead screening. In addition,
four of the samples were selected for confirmatory lead analysis. Samples were relinquished to
the on-site OEME chemist for delivery to the OEME sample custodian and the chain-of-custody
records are included in Appendix D.
Analytical Data Summaries
On 16 November 2006, START received the 3 October 2006 analytical data results from OEME.
These data have been summarized and included as an appendix (see Appendix B - Tables and
Spreadsheets: Table 2 - Bulk Asbestos Analyses and Table 3 - Metals in Soil Analyses).
Based on a review of the samples submitted for asbestos analysis, none were found to contain
asbestos (see Appendix B - Tables and Spreadsheets: Table 2 - Bulk Asbestos Analyses).
Four metals were detected in surface soil samples submitted for metals analysis by XRF,
including arsenic, barium, chromium, and lead. Metals levels exceeding the Massachusetts
Contingency Plan (MCP) S2 Reportable Concentrations (RC) are listed in Appendix B (see
Appendix B - Tables and Spreadsheets: Table 5 - Summary of Metals Screening Results). Those
analytes above the MCP S2 RC include: arsenic [sample SS-11 (590 milligrams per kilogram
(mg/kg))]; and lead [samples SS-06 (880 mg/kg), SS-19 (880 mg/kg), SS-31 (320 mg/kg), SS-33
(360 mg/kg), SS-34 (520 mg/kg), and SS-38 (350 mg/kg)].
Based on these initial results, EPA and START collected additional soil samples surrounding the
six locations where analytical results for lead were greater than 300 ppm. On 8 May 2007,
START received the 10 and 11 April 2007 analytical data results from OEME. These data have
been summarized and included as an appendix (see Appendix B - Tables and Spreadsheets:
Table 4 - Lead in Soil Analyses).
Lead levels exceeding the MCP S2 RC are listed in Appendix B (see Appendix B - Tables and
Spreadsheets: Table 5 - Summary of Metals Screening Results). Those analytes above the MCP
S2 RC include: lead [SS-06N (341 mg/kg), SS-06E (869 mg/kg), SS-06W (555 mg/kg), SS-19N
(306 mg/kg), SS-19W (299 mg/kg), SS-31N (516 mg/kg), SS-34E (478 mg/kg), SS-33N (658
mg/kg), SS-33S (454 mg/kg), SS-38E (834 mg/kg), SS-38W (416 mg/kg), SS-33S1 (482 mg/kg),
SS-19N1 (2,850 mg/kg), SS-06E1 (347 mg/kg), and SS-06E2 (1,371 mg/kg)].
4
III. Appendices
I:
Appendix A
Figures
Site Location Map (Figure 1)
Site Diagram (Figure 2)
Sample Location Map - October 2006 (Figure 3)
Sample Location Map - April 2007 (Figure 4)
,[S
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FIGURE 1
SITE LOCATION MAP
BEL AIR MILLS SITE
3/0 WAHCONAH STREET
PITTSFIELD, MASSACHUSETTS
Data Sou rcesEPA Regio I
Topos: K42073D1.TJF&K4207D3TIvicr~t
Superfund Technical Assessment and
USGS Quadrangle Name(s):PtsilEa, MA
Response Team (START) III
Contract No.EP-W-05-042Pittsfield West, MA-NY 1988Alohrdt:SAR
Cnrc o PWO-4
06-07-0020J
TDD Number:
Created by:
Created on:
Bonnie Mace
.28
Modified by:
Modified on:
September 2006
Bonnie Mae
Efficiency
Restoring Resource
Air Mills\Figure 1.mxd
j :MA gis\Bel
b
I
AVENUE
/
4/
It'
THIS
(
I
WAREHOUSE
BUILDING
I
I
/
Lo
(I
PITTSFIELD HOUSING
AUTHORITY
NOT TO SCALE
-
-
-
-
-
SITE BOUNDARY
BRIDGE
PROPERTY LINE
SURFACE WATER
SOURCES:
TRC ENVIRONMENTAL CORPORATON
PHASE I EN'ARONMENTAL SITE ASSESSMENT
SITE DIAGRAM
BEL AIR MILLS SITE
370 WAHCONAH STREET
PITTSFIELD,
MASSACHUSETTS
REGION I SUPERFUND TECHNICAL ASSESSMENT AND RESPONSE TEAM
TDD #II
06-07-0020
DRAWN BY:
B. MACE
FILE NAME:
R:\06070020\FIGURES\FIGURE2.DWG
I
DATE
05/07/07
FIGURE
2
SS-02/SS-39
=SS-06
2
0
Z)
4
'ASB-03
0c
to
Brick Debris
'~~Stding
Brick Wall|
3-041
LU
GARAGE
S
EE-1
SS-15
I
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iC
Legend
*
=
Sample Locations
-
Surface Water
Building Outline
-
Road
30
---
20
0 5 10
.w=:
40
Feet
SAMPLE LOCATION MAP
(OCTOBER 2006)
BEL AIR MILLS SITE
370 WAHCONAH STREET
Restoring Resource Efficiency
REGION I SUPERFUND TECHNICALASSESSMENTAND RESPONSE TEAM
TODNUMBEk
06-07-0020
CREATEDBY
ii
B. MACE
.
CREATED
ON:
05/07/07
FILELOCATION:
E:\MA_GIS\BEL'AIR MILLS\FIGURE3.MXD
FIGURE 3
I
I
X
Brick Debris|
0
0
Legend
e
=
o
Sample Locations
Surface Water
Building Outline
Road
0
5
I =
Additional Sample Locations
10
20
=
30
Feet
SAMPLE LOCATION MAP
(APRIL 2007)
BEL AIR MILLS SITE
370 WAHCONAH STREET
Restoring Resource Efficiency
REGION I SUPERFUND TECHNICAL ASSESSMENT AND RESPONSE TEAM
TOD NUMBER
06-07-0020
CREATEDBY:
B. MACE
FILELOCATION:
E:\MAGIS\BEL. AIR MILLS\FIGURE4.MXD
CREATED ON:
05/07/07
FIGURE 4
Appendix B:I
Tables and Spreadsheets
Sample Descriptions for the BelAir Mills Site (Table 1)
Bulk Asbestos Analyse (Table 2)
Metals in Soil Analyses (Table 3)
Lead in Soil Analyses (Table 4)
Summary of Metals Screening Results (Table 5)
TABLE 1
Sample Descriptions
Bel Air Mills
Pittsfield, Massachusetts
Sil
S oilG
0231-02
0231-00
S -0
r
-
C olo r
orgamesam
BIN orgamos
g d ebr I/
Black/gray
Brown
Black/gray
B
Building
debris/ash
organics
Building
debris/ash
trace
sand,
Medium
trace
Black/gray
Building debris/ash
c '
SS-05
0231-001
0231-001
SS-07
0231-002
0231-0038
006
0231-004
023-005
10/3/06
10/3/06
10/3/066
02S31-015
023-005
10/3/06
S
Soil
Grab
0-3
Black/gray
Building debris/ash
0231-006
10/3/06
Soil
Grab
0-3
Black/gray
Building debris/ash
Soil
Soil
Soil
Soil
Grab
Grab
Grab
Grab
0-3
0-3
0-3
Soil
Grab
0-3
_________
10/3/06
______
orgamocs
SS-07
0231-007
10/3/06
Soil
Grab
Grab
0-3
0-3
Brown
Brown
Medium sand, trace
organics
SS-01
10/3/06
Soil
Grab
0-3
Brown
Medium sand, trace
0231-0016
SS-007
0231-009
0231-001
023-010
10/3/06
Soil
Grab
0-3
Brown
10/3/06
1//6
Si
Soil
Grab
0-3
Black/gray
orgamics
orgdi
andriacs
r
Building debris/ash
02310010
S231-011
10/3/06
Soil
Grab
0-3
Black/gray
Building debris/ash
SS-012
0231-0012
10/3/06
Soil
Grab
0-3
Brown
Medium sand, trace
e
organics
'-
Collected under an
empty 55-gallon
steel drum outside
the small garage.
Collected from a
023S-013
023-013
10/3/06
Soil
_________
SS-014
0231-0014
SS-015
0231-0015
1//6
1//6
1//6
Grab
________
Brown
0-3
_______________
__________________
equipment.
________
Collect from a
sad, tace
Medim
Medium6sand, trace3Bow mound of soil
outside the garage.
SiGrb03Bonorganics
Medium sand, trace
10/3/06
Soil
Grab
Brown
0-3
organics
________
Medium sand, trace
SS-017
0231-0017
10/3/06
Soil
Grab
0-3
Brown
organics
0231018
10/3/06
Soil
Grab
0-3
Black/gray
Building debris/ash
10/3/06
Soil
Grab
0-3
Black/gray
Building debris/ash
Brown
Medium sand, trace
organics
02109
n
conad ofsire
suesonting.fr
Medium sand, trace
SiGrb03Bon
SiGrb03Bonorganics
SS-016
0231-0016
Medium sand, trace
organics
10//0-So20ra
02 0//0
1000
SilGrb0-3
Page 1 of 4
________
i
0
TABLE 1
Sample Descriptions
Bel Air Mills
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Page 2 of 4
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S
TABLE 1
Sample Descriptions
Bel Air Mills
Collected from
10/3/06
023B-004
Solid
Grab
NA
0231-0054
SS-06N
023 1-0061
SS-06S
______
4/10/07
White
Solid
window pane
__________glazing.
Soil
Grab
0-6
Soil
Grab
0-6
Black
Building debris/ash
____
4/10/07
0231-0062
Dark Brown .
__________
SS-06E~Mt
Medium sand, some
building debris/ash
MeimsndIrc
0231-0063
4/10/07
Soil
Grab
0-6
Brown
ael
geiu
023S-064
4/10/07
Soil
Grab
0-6
Black
Building debris/ash
SS19-0
4/10/07
0231-00651and
Soil
Grab
0-6
Light Brown
Medium sand, gray
fine ground mortar
SS-06S
0231-00662-
4/10/07
Soil
Grab
0-6
Brown
SS-06
4/10/07
0231-00674and
Soil
Grab
0-6
Brown
SS-19W
SS-34W
023 1-0080
trace______
brick debris
Medium sand, gray
fine ground mortar
and brick debrish
Medium sand, gray
tine ground mortar
brick debris
Brown
Medium sand, gray
fine ground mortar
brick debris
Grab
0231-0068
0-6
Soil
Grab
0-6
Brown
Soil
Soil
Grab
Grab
0-6
0-6
Brown
Brown
Soil
Grab
0-6
Brown
Soil
Soil
Soil
Grab
Grab
Grab
0-6
0-6
0-6
Black
Brown
Black
4/10/07
4/10/07
Soil
Soil
Grab
Grab
0-6
0-6
Black
Brown
4/10/07
4/10/07
4/10/07
Soil
Soil
Soil
Grab
Grab
Grab
0-6
0-6
0-6
Black
Black
Black
Building debris/ash
Medium sand, some
building debris/ash
Building
debris/ash
Building debris/ashSape
Building debris/ash
Brown
Medium sand, some
building debris/ash
4/10/07
SS-19
4/10/07
0231-006
SS-3Medium
4/10/07
0231-0070
4/10/07
SS-31E
0231-0071
4Medium
S-31W
4/10/07
0231-0072
SS-314N
4/10/07
0231-0073
SS-34S
4/10/07
0231-0076
4/10/07
0231E0074
0231-0075
SS-34W
0231-0076
023-07
0234-07
0234-07
_______
4/10/07
Soil
Soil
Grab
--
____
____and
0-6
Page 3 of 4
Medium sand, some
d
debris/ash
building
sand, s
Meidim sands/sm
Mediusand, some
building debris/ash
sand, some
building debris/ash
ding debris/as
Building debris/ash
Medium
some
building sand,
debris/ash
Building debris/ash
Sfmatio
Confirmation
Sample.
Sample.
TABLE 1
Sample Descriptions
Bel Air Mills
Dscfi tI
Buldn ebri/isn
Building debris/ash
Building debris/ash
Building debris/ash
Building debris/ash
Building debris/ash
Building debris/ash
Building debris/ash
Buildin0
Medium sand, gray
fine ground mortar
and brick debris
Medium sand, some
building debris/ash
Building debris/ash
Mediim sand
Building debris/ash
Medium sand
Medium 'sand, some
organics,under bark
mulch
Lab Sand
NA - Not applicable.
PE - Performance Evaluation.
i
Page 4 of 4
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Appendix C
Photodocumentation Log
PHOTOGRAPHY LOG SHEET
Bel Air Mills * Pittsfield, Massachusetts
SCENE: View of an estimated 300-gallon aboveground storage tank (AST) on the debris pile. Photogr
aph taken facing
east.
DATE: 27 September 2006
TIME: 16:55 hours
PHOTOGRAPHER: Eric Ackerman
CAMERA: HP PhotoSmart M22
SCENE: View of the entrance to the small garage. Photograph taken facing west.
DATE: 27 September 2006
TDD No. 06-07-0020
TIME: 16:58 hours
CAMERA: HP PhotoSmart M22
Page 1 of 10
TASK No. 0231
I
U
I
U
I
I
I
I
U
PHOTOGRAPHY LOG SHEEP
SCENE: View of the northeast corner of the building debris pile with a 300-gallon AST. Photograph taken facing south.
DATE: 3 October 2006
TIME: 11:04 hours
CAMERA: Nikon CoolPix 3100
KAt
SCENE: View of the northwest corner of the debris pile. Photograph taken facing south.
TDD No. 06-07-0020
TIME: 11:04 hours
Page 2 of 10
TASK No. 0231
9 PHOTOGRAPHY LOG SHEET
I
I
I
Bel Air Mills e Pittsfield, Massachusetts
SCENE: View of the debris pile, note a section of the brick wall still standing. Photograph taken facing southwest.
TIME: 11:05 hours
CAMERA: Nikon CdolPix 3100
SCENE: View of the debris pile. Photograph taken fac ing west.
TIME: 11:05 hours
CAMERA: Nikon CdolPix 3100
TDD No. 06-07-0020
Page 3 of 10
TASK No. 0231
I
I
I
I
I
U
PHOTOGRAPHY LOG SHEE*
SCENE: View of the western portion of the debris pile with adjacent warehouse in the background. Photograph taken
facing north.
TIME: 11:06 hours
F
N
SCENE: View of the southwestern portion of the debris pile. Photograph taken facing north.
TDD No. 06-07-0020
TIME: 11:07 hours
Page 4 of 10
TASK No. 0231
I
I
SCENE: View of the southern portion of the debris pile surrounded by chain-link fence. Ph tograph taken facing north.
TIME: 11:08 hours
U
I
SCENE: View of southeastern portion of the debris pile Photograph taken facing northeast.
TDD No. 06-07-0020
TIME: 11:08 hours
Page 5 of 10
TASK No. 0231
.1
I
I
U
0
Bel Air Mills o Pittsfield, Massachusetts
SCENE: View of the southeastern portion of the debris pile with the garage .in the background. Photograph taken facing
east.
TIME: 11:08 hours
rF'.
SCENE: View of the entrance to the garage. Photograph taken facing east.
TDD No. 06-07-0020
TIME: 11:08 hours
Page 6 of 10
TASK No. 0231
Bel Air Mills e Pittsfield, Massachusetts
I
I
I
U
I
i
~sc~t<'~r
2Ie
;;
SCENE: View of the eastern portion of the debris pile. Photograph taken facing north.
TIME: 11:09 hours
I
U
SCENE: View of sample location SS-19. Photograph taken facingnorth.
TIME: 14:50 hoursi'
: CAMERA: Nikon CoolPix 3100
DATE: 10 April 2007
PHOTOGRAPHER: Bo nnie Mace
TDD No. 06-07-0020
Page 7 of 10
TASK No. 0231
I
I
I
I
U
SCENE: View of sample location SS-3 1. Photograph taken facing east.
DATE: 10 April 2007
PHOTOGRAPHER: Bonnie Mace
TIME: 14:53 hours
SCENE: View of sample location SS-33. Photograph taken facing east.
DATE: 10 April2007
TDD No. 06-07-0020
TIME: 14:53 hours
Page 8 of 10
TASK No. 0231
I
I
I
Bel.Air Mills e Pittsfield, Massachusetts
SCENE: View of sample location SS-34. Photograph taken facing east.
DATE: 10 April 2007
TIME: 14:54 hours
CAMERA: Nikon CbolPix 3100
SCENE: View of sample location SS-06. Photograph taken facing west
DATE: 10April2007
TDD No. 06-07-0020
TIME: 14:58 hours
CAMERA: Nikon CbolPix 3100
Page 9 of 10
TASK No. 0231
I
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0
2
p.
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SCENE: View of sample location SS-38. Photograph taken facing south.
DATE: 10 April 2007
TDD No. 06-07-0020
TIME: 14:59 hours
Page 10 of 10
TASK No. 0231
3
I
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S
II
Appendix D
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From:
Sent:
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Subject:
SCAN =
Tor, Eva (DEP)
Friday, August 11, 2006 8:36 AM
Ellis, Steven (DEP); Symington, Anna (DEP); Fish, Bernard (DEP); Green, Richard (DEP)
Pittsfield Mills
Former mills to be cleaned By Tony Dobrowolski, Berkshire Eagle Staff
Berkshire Eagle
Friday, August 1 1PITTSFIELD - Two abandoned and fire-damaged former mills, considered to be potential
environmental hazards, have been accepted into a regional brownfields program managed by the Berkshire
Regional Planning Commission.
The two properties - at 370 Wahconah St. and 50 East Mill St. - will now have access to federal funding
provided by the Environmental Protection Agency and the state Department of Environmental Protection. The
funds will be used to conduct two phases of environmental site assessments.
The owners of the two former mills owe the city a combined $365,425 in back taxes.
Community Development Director Deanna L. Ruffer told the City Council Tuesday night that the city's goal is
to clear the way for both properties to be put back into active use so that they can produce tax revenue for the
city.
The first phase of the environmental site assessment report, completed by a Lowell firm for the Berkshire
Regional Planning Commission this spring, found the potential for both groundwater and soil contamination on
both properties. This is due mostly to chemicals that had either been used or were stored on both parcels
throughout the years. No evidence of PCB contamination at either site has been found.
The west branch of the Housatonic River bisects the Wahconah Street property, and flows near the western and
southern boundaries of the East Mill Street site. Both properties are located in predominately residential
neighborhoods.
Founded in 1995, the U.S. Environmental Protection Agency's Brownfields Program is designed to empower
states, communities and other stakeholders in economic redevelopment to work together to prevent, assess,
safely clean up and sustainably reuse "brownfields." A brownfield is considered by the EPA to be an area where
the expansion, redevelopment or reuse may be complicated by the presence of a hazardous substance, pollutant
or contaminant.
The Berkshire Regional Planning Commission has accepted 10 county sites into its regional brownfields
program since it was established last September, commission planner JoEllen Warren said. The site of the
former A.H. Rice building on Spring Street in Pittsfield has also been accepted into the program.
It is expected that the city will seek state and federal funding to pay for remediation work on both properties
once the environmental assessments have been completed.
Soil samples to be taken
Warren said the second phase of environmental site assessments will consist of soil samples to determine if the
contaminants reported to be on both properties really exist. She said the EPA is currently removing piles of
debris at both sites, especially those that contain materials that pose an imminent danger to the public. The soil
samples will be taken once the debris is gone.
1
Funding for the second phase, which Warren said will probably begin in late fall, has been approved and will be
paid for through the brownfields program.
Wahconah Street site
The seven-acre site at 370 Wahconah St. was used as a textile mill by the Bel Air Manufacturing Company in
the late 1800s, then housed a bakery and two other commercial businesses before it was abandoned in 1986. J.
Barrett Hollister of Pittsfield, who purchased the property from Goodwill Industries in 1981 for $83,000,
currently owes the City of Pittsfield $252,707 in back taxes, according to the city treasurer's office.
The property contains two small concrete storage buildings, but it also includes piles of debris leftover from the
two fires in 2001 and 2005 that destroyed most of the former mill buildings.
The Lowell firm found the potential for both groundwater and soil contamination at the Wahconah Street site
associated with reported historical methylene chloride contamination in the groundwater and the improper
disposal of paint thinner in a floor drain.
Potential soil and groundwater contamination is also associated with the presence of several 55 gallon drums of
"unknown contents" that were found on the property, a 200- to 300-gallon aboveground storage tank, an
abandoned automobile and a truck trailer. It's also possible that asbestos-containing material and lead-based
paint are on the property in the additional drums, storage tanks and large debris piles located on the parcel.
East Mill Street site
A textile mill occupied the three-acre East Mill Street site between the late 1800s and the 1930s. Other
commercial uses since 1960 have included an automobile storage and reclamation yard and scrap metal
recovery. The property has been abandoned since the early 1990s.
A fire in October 2004 damaged the former mill building, which contains various building refuse and fire
debris. A four-bay garage is also located on the site.
The Lowell firm found the potential for groundwater and soil contamination on East Mill Street associated with
the prior use of underground storage tanks that were used to store petroleum products. A half-full unsecured
storage tank believed to contain either gasoline or diesel fuel is located at the former mill, along with four
plastic, 55-gallon drums containing a solvent that is suspected to be acetone. These drums are also unsecured.
Like the half-full storage tank, the drums have no secondary containment to contain a spill or release to the
environment.
Ruth Baldassare, the owner of the East Mill Street parcel, owes the city $112,718, in back taxes. She currently
lives in a long term care facility in Lake Oswego, Ore. Her late husband, Ernest C. Baldassare, was a West
Stockbridge developer who owned several city properties in the 1980s, but sold them in the 1990s when he filed
for Chapter 11 bankruptcy protection after the real estate boom went bust.
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FILE copi~y!
O
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
ARGEO PAUL CELLUCCI
Governor
TRUDY COXE
Secretary
DAVID B. STRUHS
Commissioner
February 2, 1999
Certified Mail
Return Receipt Requested
In the Matter of: J. Barret Hollister
J. Barret Hollister,
President
Ski America
27 Tor Court
01201
Re: Pittsfield;
Site 1-0478
Bel Air Mill
370 Waconah Street
Date of SPAN Issuance:
SPAN #:
SPAN-WE-99-3004
Amount:
$ 3,000.00
Bureau Of Waste Site Cleanup
Program:
PENALTY ASSESSMENT NOTICE
THIS NOTICE IS IMPORTANT.
FAILURE TO RESPOND COULD RESULT IN SERIOUS LEGAL CONSEQUENCES.
Dear Mr. Hollister:
The
Department
is
issuing
this
Penalty
Assessment
Notice
(penalty) in the amount of $ 3,000.00 under the authority of the
Civil
Administrative
Penalties
Act,
M.G.L.
c.
21A,
§16,
and
its
regulations at 310 CMR 5.00. The Department has considered the
factors set forth in 310 CMR 5.25 in determining the amount of
this penalty.
The maximum legally permissible administrative
penalty for the violation(s) cited below is $1,000.00 per day.
A
file
review of
this
site
was
completed
by
the Department
on
January 28,
1999.
A Notice of Noncompliance
(NON),
NON-WE-983018,
was issued by the Department to you (you refers
to J.
Barret Hollister
and Ski America) on March 6,
1998.
The NON, a
copy
of
which
is
attached
and
incorporated
into
this
Penalty
Assessment Notice,
documents activities
or conditions noted by
the
Department,
at
the
Bel
Air
Mill
site,
which
are
in
noncompliance
with
one
or
more
laws,
regulations,
orders,
licenses,
permits
or
approvals
enforced - by
the
Department
pursuant to M.G.L. Ch. 21E.
This information is available in alternate format by calling our ADA Coordinator at (617) 574-6872.
436 Dwight Street . Springfield, Massachusetts 01103 - FAX (413) 784-1149 . TDD (413) 746-6620 . Telephone (413) 784-1100
40 Printed on Recycled Paper
-
1999,
on January 28,
A review of the Department's records
confirmed that you failed to perform the necessary actions
the NON for coming into compliance. within the
specified in
deadlines set forth therein. Specifically, you failed to provide
the Department with one of the required submittals set forth at
A penalty of $3,000.00 is being imposed on you
310 CMR 40.0610.
pursuant to 310 CMR 5.00.
violation
for this
Full payment is due (and must be received by the Department) no
than 21 days from the date this Penalty Assessment Notice
later
Payment must be made by cashier's check, certified
is received.
check or money order made payable to the Commonwealth of
Massachusetts and must be sent to: Commonwealth of Massachusetts,
Commonwealth Master
Protection,
Environmental
of
Department
Boston, MA 02241-3584 along with the
Lockbox, P.O. Box 3584,
In order to ensure your payment is
attached transmittal form.
correctly applied, please include on your check the SPAN number
SPAN-WE-99-3004.
A copy of
the check
must
also be
sent
to
this
regional office at the letterhead address.
You have a right to appeal this Penalty Assessment Notice, as
If you fail to pay the
described in the attached instructions.
(see attached appeal
file a timely appeal
penalty or to
instructions for details), the penalty will become final and the
The debt may be
Department will proceed to collect the debt.
to the Massachusetts
referred either to a collection agency,
State
or
to the
collection
for
Attorney General's Office
Comptroller's Office for collection and interception of other
money due to you from the state. In the event of nonpayment of a
final penalty, the Department is entitled to assess and collect
up to three times the amount of the final penalty, plus interest
and costs from the time the penalty became final, plus attorney's
fees, including fees directly incurred from penalty collection,
If the noncompliance cited in
pursuant to M.G.L. c. 21A, §16.
this penalty is not corrected immediately, you remain subject to
The issuance of
continued enforcement action by the Department.
action,
including
preclude
further
penalty
does
not
this
civil
or criminal
administrative,
of
additional
assessment
penalties against you as deemed necessary by the Department to
obtain compliance nor does payment alone without further action
to respond to the cited violation(s) constitute compliance.
ISSUED BY:
Departme
of Environmental Protection:
Alan Weinberg
Deputy Regional Dire tor
Bureau Of Waste Site Cleanup
11
0
0
Certified Mail #*: P 348 006 175
DEP Staff/Inspector:
Regional Phone Number:
cc:
Saadi Motamedi
413-784-1100
Steve Ellis, WERO (two copies)
BWSC/WERO Enforcement File
Maria Pinaud, BWSC, Boston
Site Files, BWSC, WERO
Pittsfield, Board of Health
Pittsfield, Chief Municipal Officer
Enclosures:
Copy of Notice of Noncompliance
Copy of Procedures for Appeal
Transmittal Sheets, Forms #1-#3
I
1.
P 348 006 175
US Postal Service
Receipt for Cerlif led -Mail
Mr J Barret Hollister
Ski America
27 Tor Court
Pittsfield MA 01201.
~2
Postage
1
Certified Fee
SpecialDeliveryF
Resticted Delivery
RetumnReceipt Showing
Whom &Date Delivered
Retun Recip ShOWiNloWhom,
Dao,& Aftessees huess
C
C3 TOTAL Postage &Fees
a
CI
E Postmark or Date
LL
$
FiLE COPY
(ne
uOMMONWEALTH OF MASSACHUSETI'S
ExEcuTrnE OFFICE OF ENVIRONMENTAL AFFAIRS
ARGEO PAUL CELLUCCI
Governor
TRUDY COXE
Secretary
DAVID B. STRUHS
Commissioner
March 6, 1998
URGENT LEGAL MATTER
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
J.
Barret Hollister
Re:
President, Ski America
27 Tor Court
Pittsfield; Site #1-0478
Bell Air Mill;
370 Waconah Street
NON-WE-98-3018
M.G.L. c.21e
NOTICE OF NONCOMPLIANCE
Failure to Meet a Transition Provisions Deadline
Dear Mr. Hollister:
A review of records conducted by Department of Environmental
Protection personnel demonstrates
Barret Hollister
and Ski America)
that
you ("you"
refers
are not in
compliance
to J.
with one
or more laws, regulations, orders, licenses, permits, or approvals
enforced by the Department.
Be advised that the regulations that
generally set forth the requirements, timelines and procedures for
Locations
to
be
Investigated,
are
codified
in
Subpart
F,
Transition
Provision
310 CMR 40.0600.
The
Department
incorporated
into this
of the Massachusetts
has
included
Contingency
with
and
Plan
(MCP),
specifically
writing a NOTICE OF NONCOMPLIANCE
SUMMARY,
which includes:
(1)
the
requirements
applicable
to
the
located at 370 Waconah Street, Pittsfield;
(2) the elements and occurrence(s) of
necessitating the issuance of this Notice;
Transition
the
and
Site
noncompliance
(3) the deadline within which a return to compliance must be
achieved.
436 Dwight Street .
Springfield, Massachusetts 01103 - FAX(413)784-1149 . TDD (413) 746-6620
Printed on Recycled Paper (20% Post Consumer)
-
Telephone (413) 784-1100
J. Barret Hollister, President
Ski America
Notice of Non-compliance
Page 2
An administrative penalty may be assessed for every day from
now on that you remain out of compliance with the requirements
described in this Notice of Noncompliance.
Notwithstanding this
the Department reserves the right to
Notice of Noncompliance,
exercise the full extent of its legal authority in order to obtain
full compliance with all
applicable legal requirements, including
civil
administrative
assessment
of
limited to
the
but
not
penalties, the commencement of a civil action in the court(s) of
competent
jurisdiction,
or
the
commencement
of
a
criminal
prosecution in the court(s) of competent jurisdiction.
Please contact Mr. Thaddeus Tokarz at 413/784-1100
if you have any questions concerning this Notice.
Sincerely,
Alan Weinberg
Deputy Regional Director.
Certified Mail #:
Z 276 663 062
AW/TT/ers
A:3018non.doc
CC:
Pittsfield Chief Municipal Official
Pittsfield Board of Health
Steve Ellis, WERO (2 Copies)
Helen Waldorf, BWSC, Boston
Enforcement 'Files, BWSC, WERO
ext.255
NONCOMPLIANCE SUMMARY
NON-WE-98-3018
NAME OF ENTITIES IN NONCOMPLIANCE:
J.
Barret Hollister and Ski America
LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED:
370 Waconah Street
Site # 1-0478
DATE WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED:
August
6, 1996
DESCRIPTION OF NONCOMPLIANCE AND OF THE REQUIREMENTS NOT COMPLIED
WITH:
On October 15, 1988, the above referenced property (the
Site) was listed by the Department as a Location to be
Investigated (LTBI) and was subsequently listed as such on
the List of Confirmed Disposal Sites and Locations to Be
Investigated dated August, 1993.
This listing was as a
result of a Preliminary Assessment Report, dated April 27,
1988,indicating the presence of contamination at the site.
On July 15,
1996, the Department issued a Notice of
Responsibility
(NOR)
to you (''you'
Hollister and Ski America).
refers to J.
Barret
The NOR informed you of your
liability under M.G.L. C. 21e for a release/threat of
release of oil and/or hazardous material at the site and
established a compliance deadline. Such deadline expired on
August 6, 1996.
To date, the Department has not received
the appropriate submittals as required by 310 CMR 40.0600.
ACTIONS TO BE TAKEN, AND THE DEADLINE FOR TAKING SUCH ACTION:
Submittal to the Department of the necessary documentation,
as required by 310 CMR 40.0600, within 21 days of receipt of
this Notice.
For the Department of Environmental Protection:
March 6, 1998
Date
Alan Weinberg
0
Scopletete
o
and/r2 f
arI.
6)
I also wish to receive the
/
-complete items 3,4a and 4b.
sPrint your name and address on the reverse of this form so that we can retum this
card to you.
*Attach this form to the front of the mailpiece, or on the back if space does not
permit.
-Write-Retum Receip Requested'on the mailpiece below the article number.
aThe Return Receipt will show to whom the article was delivered and the date
delivered.
following services (for an
extra fee):
1. 0 Addressee's Address
2. 0 Restricted Delivery
Consult postmaster for fee.
4a. Article Number
3. Article Addressed to:
4,
0
ci
U)
0.
4,
U
4,
C
J BARRET HOLLISTER
PRESIDENT, SKI AMERICA
27 TOR COURT
PITTSFIELD MA 01201
4b. Service Type
0 Registered
&Certified
0 Express Mail
0 Insured
0 Retum ReceiptforMerchandise 0 COD
7. Date of Delivery
4,
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.
o
5. Received By: (Print Name)
6. Snature:
0
r
PSFrX 81 eebr19
PS Form 3811, bmne
94
8. Addressee's Address (Only if requested
and fee is paid)
__
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_
eep
Domestic Retumn Receipt
COMMONWEALTH OF MASSACHUS
S
ARGEO PAUL CELLUCCI
Governor
TRUDY COXE
Secretary
DAVID B. STRUHS
Commissioner
PROCEDURES FOR APPEALING THIS PENALTY
Requesting a Hearing:
You have a right to appeal this penalty by requesting an
adjudicatory hearing. To do so, your written request for a
hearing must be received by the Department at the lockbox
identified below within twenty-one (21) calendar days from the
date the penalty was issued (noted on the penalty).
All hearing
requests must contain a denial of the violations alleged in the
penalty assessment notice, an assertion that the amount of the
penalty is excessive, or both.
Types of Adjudicatory Hearings:
There are two types of adjudicatory hearings:
A.
Formal Adjudicatory Hearings
A formal adjudicatory
hearing is one which meets all the procedural requirements of
M.G.L. c.30A, §11.
In a formal hearing, the parties may conduct
discovery, submit written motions and briefs, submit live or
written testimony, cross-examine witnesses and present other
documentary evidence to an administrative law judge.
Under
Departmental policy, all formal adjudicatory hearings are
completed within one year of receipt of the request for the
hearing.
Final written decisions resolving formal hearings are
issued by the Commissioner within 3% months after the close of
the hearing record. A form for requesting a
hearing is attached (Transmittal Form # 1).
formal adjudicatory
B. Simplified Adjudicatory Hearings
If all parties
consent, the hearing may be conducted in the simplified manner
authorized by 310 CMR l.01(8)a.
be brief.
These hearings are intended to
Each party will have approximately 2% hours to present
its view of the disputed issues.
Each party and any witnesses
shall appear at the simplified hearing to present its case and
may offer evidence including statements and documents. Following
a party's presentation each other party shall have an opportunity
to refute the case presented.
By agreeing to a simplified
hearing all parties waive the right, among other things, to
This information isavailable in alternate format by calling our ADA Coordinator a (617) 574-6872.
436 Dwight Street . Springfield, Massachusetts 01103
*
FAX (413) 784-1149 . TDD (413) 746-6620 - Telephone (413) 784.1100
cross-examine witnesses. Final decisions will be either stated
in the record at the conclusion of the hearing, or prepared by
the Administrative Law Judge within 30 days of the hearing. A
form for requesting a simplified hearing is attached (Transmittal
Form # 2).
The Department hereby consents to a simplified hearing to resolve
any appeal concerning this expedited penalty assessment.
Required Filing Fees and Mailing Address:
Unless you are exempt or request a fee waiver as described below,
your request for a hearing must include payment of the applicable
filing fee pursuant to 310 CMR 4.06: $100 for formal adjudicatory
hearings and $25 for simplified hearings. Your hearing request
will be dismissed if a required filing fee is not paid.
Send your request for a hearing and the filing fee to:
Commonwealth of Massachusetts, Department of Environmental
Protection, Commonwealth Master Lockbox, P.O. Box 4062, Boston,
MA 02211-4062.
Exemptions and Waivers from the Filing Fee
Petitioners are exempt from the filing fee requirement if they
are cities, towns, counties, districts of the Commonwealth,
municipal housing authorities or other municipal authorities, and
federally recognized indian tribal housing authorities. The
Department may waive the filing fee for any person who
demonstrates that paying the fee will create an undue financial
hardship. To seek a waiver, your request for a hearing must
include a statement of the facts supporting your claim of
financial hardship.
CMMONWEALTH OF MASSACHUSIrS
ARGEO PAUL CELLUCCI
Governor
TRUDY COXE
TUYCX
Secretary
DAVID B. STRUHS
Commissioner
TRANSMITTAL FORM # 1
PAYMENT OF STANDARD
PENALTY ASSESSMENT
Penalty issued to:
Date of Issuance:
SPAN#:
Amount: $
SS# or FEIN#
(Social Security/Federal Employer Identification Number)
Payment enclosed: $
by certified or cashier's check or
money order made out the Commonwealth of Massachusetts. I
understand that payment alone does not constitute compliance.
I certify that I:
(chock one)
o
have responded and have returned to compliance with the
applicable regulations; or
O will respond to the violation(s) cited on this SPAN document
and have attached a work plan and schedule to bring the site
into compliance.
Signed this
day of_,
19
By:
Address:
Phone:
(
)
-
Send
this
form
with
your
payment
to:
Commonwealth
of
Massachusetts,
Department
of
Environmental
Protection,
Commonwealth Master Lockbox, P.O. Box 3584, Boston, MA 02241-3584
436 Dwight Street . Springfield, Massachusetts
01103 - FAX
4
(413) 784-1 149 . TDD (413) 746-6620 . Telephone (413) 784-1100
COMMONWEALTH OF MASSACHUSES
ARGEO PAUL CELLUCCI
Governor
TRUDY COXE
Secretary
DAVID B. STRUHS
Commissioner
TRANSMITTAL
FORM # 2
-
REQUEST FOR SIMPLIFIED HEARING TO CONTEST STANDARD
PENALTY
ASSESSMENT
Penalty issued to:
Issuing DEP Inspector:
Date of Issuance:
SPAN#:
Amount:
$
I hereby request a simplified adjudicatory hearing pursuant to
I agree to vary the procedures required of a
310 CMR 1.01(8) (a).
§11 and
formal adjudicatory hearing prescribed by G.L. c.30A,
agree to the process described in 310. CMR 1.01(8)a. I understand
that by requesting a simplified adjudicatory hearing that I am
waiving, among other things, my right to cross-examine witnesses.
I am appealing this penalty because:
Check One or Both Appropriate Box(s):
]
the
acts
or
omissions
alleged
in
the
penalty
assessment
notice did not occur;
]
the amount of the penalty is excessive.
Please use the space below if you wish to provide any additional
statement about this penalty.
This information isavailable in alternate format by calling our ADA Coordinator at (617) 574-6872.
436 Dwight Street . Springfield, Massachusetts 01103 - FAX (413) 784-1149 . TDD (413) 746-6620 -Telephone (413) 784-1100
0
Transmittal Form
Page 2
Filing fee enclosed: $25
SS or FEIN#
-
Signed this
day of
, 19
By:
Petitioner
Address:
Phone:
)
" The Department consents to a simplified hearing to resolve this
expedited penalty appeal" .
Send this form with the filing fee to: Commonwealth of
Massachusetts, Department of Environmental Protection, P.O.
Box 4062, Boston, MA 02211-4062
CORONWEALTH OF MASSACHUSET
ARGEO PAUL CELLUCCI
TRUDY COXE
Governor
Secretary
DAVID B. STRUHS
Commissioner
TRANSMITTAL
FORM #3
REQUEST FOR FORMAL HEARING TO CONTEST STANDARD
Penalty issued
PENALTY ASSESSMENT
to:
Issuing DEP Inspector:
Date of Issuance:
SPAN#:
Amount: $
I hereby request a formal adjudicatory hearing pursuant to M.G.L.
c.30A.
A notice of claim for a formal adjudicatory hearing must
contain a clear and concise statement of the facts which are the
grounds
for the
appeal,
the
relief
sought,
and
any additional
information required by law, pursuant to 310 CMR 1.01(6) (b) . You may
attach additional statements or information to this form.
I am appealing this penalty assessment because
(check one or both
boxes):
the acts or omissions alleged in the penalty assessment notice did
not occur;
the amount of the penalty assessment is excessive.
Formal Adjudicatory Hearing Filing Fee is Enclosed:
SS or FEIN#
$100
-
Signed this
day of
,
19
By:
Petitioner
This information isavailable in alternate format by calling our ADA Coordinator at 4617) 574-6872.
436 Dwight Street - Springfield, Massachusetts 01103
0
*
FAX (413) 784-1149 . TDD (413) 746-6620
*
Telephone (413) 784-1100
Transmittal Form #
Page 2
Address:
Phone:
)
Send this form with the filing fee to: Commonwealth of Massachusetts,
Department of Environmental Protection, P.O. Box 4062, Boston, MA
02211-4062
SCAN
FDLE COPY
D
MMONWEALTH OF MASSACHUdrJTTS
ExEcuTIvE OFFICE OF ENVIRONMENTAL AFFAIRS
ARGEO PAUL CELLUCCI
Governor
TRUDY COXE
Secretary
DAVID B. STRUHS
Commissioner
March 6, 1998
URGENT LEGAL MATTER
CERTIFIED MAIL
J. Barret Hollister
Site #1-0478
Pittsfield;
Re:
Bell Air Mill;
27 Tor Court
370 Waconah Street
NON-WE-98-3018
M.G.L. c.21e
NOTICE OF NONCOMPLIANCE
Failure to Meet a Transition Provisions Deadline
Dear Mr. Hollister:
A review of records conducted by Department of Environmental
to J.
refers
("you"
you
Protection personnel demonstrates that
and Ski America) are not in compliance with one
Barret Hollister
or more laws, regulations, orders, licenses, permits, or approvals
Be advised that the regulations that
enforced by the Department.
generally set forth the requirements, timelines and procedures
for
Subpart
F,
Locations
to
be
Investigated,
Transition Provision of
codified
are
in
(MCP),
the Massachusetts Contingency Plan
310 CMR 40.0600.
The
specifically
and
with
included
has
Department
incorporated into this writing a NOTICE OF NONCOMPLIANCE SUMMARY,
which includes:
(l)
the
to
applicable
requirements
the
Transition
Site
located at 370 Waconah Street, Pittsfield;
noncompliance
(2) the elements and occurrence(s) of the
necessitating the issuance of this Notice; and
(3)
the deadline within which a
achieved.
to compliance
return
must be
436 DwightStreet - Springfield, Massachusetts 01103
C
.
FAX(413)784-1149
*
TDD(413)746-6620
*
Telephone (413) 784-1100
N
J. Barret Hollister, President
Ski America
Notice of Non-compliance
Page 2
An administrative penalty may be assessed for every day from
now on that you remain out of compliance with the requirements
described in this Notice of 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 legal requirements, including
but not
limited
to
the
assessment
of
civil
administrative
penalties, the commencement of a civil action in the court(s) of
competent
jurisdiction,
or
the
commencement
of
a
criminal
prosecution in the court(s) of competent jurisdiction.
Please contact Mr. Thaddeus Tokarz at 413/784-1100
if you have any questions concerning this Notice.
Sincerely,
Alan Weinberg
Deputy Regional Director.
Certified Mail #:
Z 276 663 062
AW/TT/ers
A:3018non.doc
CC:
Pittsfield
Chief Municipal Official
Steve Ellis, WERO (2 Copies)
Helen Waldorf, BWSC, Boston
Enforcement Files, BWSC, WERO
ext.255
NONCOMPLIANCE
SUMMARY9
NON-WE-98-3018
NAME OF ENTITIES IN NONCOMPLIANCE:
J. Barret Hollister and Ski America
LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED:
370 Waconah Street
Site #
1-0478
DATE WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED:
August 6,
1996
DESCRIPTION OF NONCOMPLIANCE AND OF THE REQUIREMENTS NOT COMPLIED
WITH:
On October 15, 1988, the above referenced property (the
Site) was listed by the Department as a Location to be
Investigated (LTBI) and was subsequently listed as such on
the List of Confirmed Disposal Sites and Locations to Be
Investigated dated August, 1993.
This listing was as a
result of a Preliminary Assessment Report, dated April 27,
1988,indicating the presence of contamination at the site.
On July 15,
1996, the Department issued a Notice of
Responsibility
(NOR)
to you
Hollister and Ski America).
('you''
refers to J.
Barret
The NOR informed you of your
liability under M.G.L. C. 21e for a release/threat of
release of oil and/or hazardous material at the site and
established a compliance deadline. Such deadline expired on
August 6, 1996.
To date, the Department has not received
the appropriate submittals as required by 310 CMR 40.0600.
ACTIONS TO BE TAKEN, AND THE DEADLINE FOR TAKING SUCH ACTION:
Submittal to the Department of the necessary documentation,
as required by 310 CMR 40.0600, within 21 days of receipt of
this Notice.
For the Department of Environmental Protection:
March 6, 1998
Date
Alan Weinberg
I
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J BARRET HOLLISTER
PRESIDENT, SKI AMERICA
27 TOR COURT
PITTSFIELD MA 01201
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Thank you for using Return
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FILE cpy
SCANNED
*
WILLIAM F. WELD
Governor
TRUDY COXE
TU crjy
ARGEO PAUL CELLUCCI
Lt. Governor
DAVB.R
ComtiSir
July 15, 1996
URGENT LEGAL MATTER:
PROMPT ACTION NECESSARY
CERTIFIED MAIL:
J. Barret Hollister
27 Tor Court
RE:
Pittsfield; Site # 1-0478;
Bel Air Mill;
370 Wahconah Street
NOTICE OF RESPONSIBILITY
M.G.L. c. 21E, 310 CMR 40.0000
Dear Mr. Hollister:
During
a
routine
site
review
process,
the Department
identified you as a Potentially Responsible Party for the abovereferenced location to be investigated (LTBI).
In light of this
action, the Department wishes to ensure that you (as used in this
notice, "you" collectively refers to J. Barret Hollister and Ski
America) are aware of your rights and responsibilities under the
Massachusetts Oil and Hazardous Material Release Prevention and
Response Act, M.G.L. c. 21E, and the Massachusetts Contingency Plan
(MCP), 310 CMR 40.0000.
Information contained in our- most recent site report
(dated
April, 1988) indicates that the above-referenced property has been
subject to a release of oil and/or hazardous materials in unknown
quantities or in excess of the applicable reportable quantity or
reportable
Department
thereof,
is
concentration.
Based
has reason to believe
that
a disposal site
cleanup of disposal sites
on
this
information,
the
the property, or portions
which requires a response action.
is
governed by M.G.L.
The information contained in our files
c.
The
21E and the MCP.
and obtained during our
routine file review indicates that you are a party withpotential
liability
21E,
436 Dwight Street
for response
§ 5.
action costs
The attached
summary
. Springfield, Massachusetts 01103
10
*
is
and damages
intended
FAX (413) 784-1149
0
under M.G.L.
to provide
TDD (413) 746-6620
c.
you with
* Telephone (413) 784-1100
under Chapter 21E to assist
information about liability
deciding what actions to take in response to this notice.
you
in
You should be aware that you may have claims against third
or
for contribution
including claims
damages,
for
parties
reimbursement for the costs of cleanup. Such claims do not exist
indefinitely but are governed by laws which establish the time
The Department encourages you to
allowed for bringing litigation.
take any action necessary to protect any such claims you may have
against third parties.
ACTIONS UNDERTAKEN TO DATE AT THE SITE
with the Department indicates that the
Information on file
following response actions have been performed to date at this
1988,
the Department received an
On May 16,
disposal site:
Environmental Site Investigation report prepared on your behalf by
The report indicated
Corporate Environmental Advisors, Inc. (CEA).
that paint thinner had been improperly disposed of in a floor
drain, and that methylene chloride was detected in one groundwater
sample at a level of 1,450 parts per billion (ppb). According to
CEA, two additional groundwater monitoring wells were planned to be
installed.
Colin Devonshire of this
office spoke with Steve
Migridichian of CEA in November of 1995 to determine if
this
proposed work was completed. Mr. Migridichian confirmed that the
work had been done and a report was generated on June 21, 1988.
Mr. Devonshire then spoke with you on December 12,
1995 and
February 1,,1996. You indicated that you would try to locate the
report for the Department.
To date, the Department has received no
futher information concerning additional monitoring wells or
groundwater sampling.
The site was first listed as a Location To Be Investigated on
October 15, 1988.
On July 23, 1993, the Bel Air Mill was issued an
LTBI Transition Letter.
This letter
outlined your obligations
under the Massachusetts Contingency Plan (MCP), 310 CMR 40.0610.
As required by the MCP, sites
listed as locations to be
investigated between January 15, 1987 and January 15, 1989 were
required to submit a Licensed Site Professional's Evaluation
Opinion to the Department by August 2,
1995.
To date the
Department has not received the required documentation.
NECESSARY
RESPONSE ACTIONS AND APPLICABLE DEADLINES
No disposal site will be deemed to have had all the necessary
and required response actions taken for it unless and until
all
substantial hazards presented by the release and/or threat of
release 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.
S0
3
The MCP requires persons undertaking response actions at a
disposal site
to submit to the Department a Response Action Outcome
Statement prepared by a Licensed Site Professional upon determining
that a level of no significant risk already exists or has been
achieved at the disposal site.
In addition, the MCP requires responsible parties. and any
other person undertaking response actions at a disposal site
to
perform Immediate Response Actions in response to sudden releases,
Imminent Hazards and Conditions of Substantial Release Migration.
Such persons must continue to evaluate the need for Immediate
Response Actions and notify the Department immediately if such a
need exists.
PROCEDURES TO FOLLOW TO UNDERTAKE RESPONSE ACTIONS
The Department encourages parties having liability
under
M.G.L. c. 21E to take prompt action in response to releases and
threats of release of oil
and hazardous materials.
By taking
prompt action, liable parties may significantly lower cleanup costs
and avoid the imposition of, or reduce the amount of, certain
permit and/or annual compliance assurance fees payable under 310
CMR 4.00 (e.g., no annual compliance assurance fee is
due for
Response Action Outcome Statements submitted to the Department
within 120 days of the initial date of release notification).
You must employ or engage a Licensed Site Professional to
manage, supervise or actually perform all
response actions which
you intend to undertake at this disposal site. The August 2, 1995
deadline implemented for an LSP Evaluation Opinion for this site
may be extended to August 2,
1996 if
both of the following
conditions are met: First, the groundwater at the site is defined
as category GW-1 solely because the groundwater is
within a
Potentially Productive Aquifer; and second,
the Department is
notified, in writing, of the intention to extend the deadline.
You
may obtain a list
of the names and addresses of Licensed Site
Professionals by contacting the Board of Registration of Hazardous
Waste Site Cleanup Professionals by telephone at (617) 556-1145 or
in person or by mail at One Winter Street, 6th Floor, Boston,
Massachusetts 02108.
Within 21 days from the date of receipt of this letter, you
must provide the Department with the documentation as required by
310 CMR 40.0610.
If you fail to provide a response to this notice
as requested, or fail to undertake the necessary response actions
in
accordance with the MCP,
the Department may perform the
necessary response actions and take appropriate legal action
against you.
If any response actions have been taken since your
association with this disposal site, such as groundwater sampling
or well installation, the Department requests any information
concerning those actions.
4
If you have any further questions, please contact Mr. Saadi
Motamedi at the letterhead address or at 413/784-1100 ext. 224.
All future correspondence communications regarding the disposal
site should reference the following Release Tracking Number:
1-0528.
Since ely,
Alan Weinberg
Regional Engineer
Certified Mail # Z 082 549 782
Enclosure
cc:
Pittsfield Mayor/Board of Selectmen
Site files, BWSC, WERO
Steve Winlsow, BWSC, Boston
SM/dpr.NOR.528
N
SUMMARY
OF LIABILITY UNDER CHAPTER 21E
As stated in the Notice of Responsibility accompanying this
summary, the Department has reason to believe that you are a
with potential liability
Potentially Responsible Party ("PRP")
under M.G.L. c. 21E, section 5, for response action costs and
damages to natural resources caused by the release and/or threat of
release.
The Department has identified you as a PRP because it
believes you fall within one or more of the following categories of
persons made potentially liable by subsection 5(a):
* any current owner or operator of a site from or at
which there is or has been a release or threat of release
of oil and/or hazardous material;
* any person who owned or operated a site at the time
hazardous material 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
transport, disposal, storage or treatment site from which
there is or has been a release or threat of release of
such material; and
*
any person who otherwise caused or is
legally
responsible for a release or threat of release of oil or
hazardous material at a site.
For purposes of the MCP, you are considered a Responsible Party
("RP") with actual liability under Chapter 21E if you fall within
one of these categories unless you (1) are entitled to a defense
under section 5 or other applicable law, and (2) have reasonably
incurred cleanup costs in an amount equal to or greater than any
applicable cap on liability under subsection 5(d).
meaning it is not based on fault,
This liability is "strict,"
but solely on your status as an owner, operator, generator,
It is also joint and several, meaning
transporter or disposer.
that each person who falls within-one of these categories may be
held liable for all response action costs incurred at the site,
regardless of the existence of any other liable parties.
Section 5 provides a few narrowly drawn defenses to liability,
including a defense for releases and damages caused by an act of
God, an act of war or an act by a third party other than an
employee, agent or person with whom the party has a contractual
relationship (see subsection 5 (c)) ; a defense for certain owners of
residential property at which the owner maintains a permanent
residence (see subsection 5(h)); and a defense for cert4,in public
utilities
and agencies of the Commonwealth which own a right-of-way
that is a site (see subsection 5(j)).
You may voluntarily undertake response actions under the MCP
without
having
your
liability
under
Chapter
21E
formally
adjudicated by the Department.
If you do not take the necessary
to perform them in an appropriate and
response actions, or fail
authorized by Chapter 21E to
the Department is
timely manner,
perform the necessary work.
By taking the necessary response actions, you can avoid
liability for response action costs incurred by the Department in
to perform
If you are an RP and you fail
performing these actions.
you may be held liable for
necessary response actions at the site,
response action costs incurred by the
up to three (3) times all
may
be imposed. on you for failure to
Department and sanctions
perform response actions required by the MCP.
Response action costs include, without limitation, the cost of
direct hours spent by Department employees arranging for response
actions or overseeing work performed by persons other than the
contractors, expenses incurred by the Departmeit
Department or its
in support of those direct hours, and payments to the Department's
see 310 CMR
(for more detail on cost liability,
contractors
The Department may also assess interest
40.1200:
Cost Recovery)
on costs incurred at the rate of twelve percent (12%), compounded
annually.
Any
liability
to
the
Commonwealth
under
Chapter
21E
To secure payment of this
constitutes a debt to the Commonwealth.
of your property in the
debt, the Department may place liens on all
Commonwealth under M.G.L. c. 21E, section 13.
To recover this
debt, the Commonwealth may foreclose on these liens or the Attorney
General may bring legal action against you.
in addition to your potential liability
for response action
costs and damages to natural resources caused by the release, civil
and criminal liability may also be imposed by a court of competent
jurisdiction
under M.G.L.
c.
21E,
section
11,
and
civil
administrative penalties may be assessed by the Department under.
M.G.L. c. 21A, section 16, for each violation of Chapter 21E, the
MCP or any order, permit or approval issued thereunder.
If you are an RP and you have reason to believe that your
performance of the necessary response actions is
beyond your
technical, financial or legal ability, you should promptly notify
the Department in writing of your inability
in accordance with
Chapter 21E, subsection 5(e), and 310 CMR 40.0172.
If you assert
and demonstrate in compliance therewith that performing or paying
for such response action is beyond your ability, subsection 5(e)
provides you with a limited defense
to an action by the
Commonwealth for recovery of two to three times the Department's
response action costs and 310 CMR 40.0172 provides you with a
limited
defense
to
the
Department's
assessment
.of civil
administrative penalties.
SCORPORATE ENVIRONMENTAL ADVISORS, INC.
7
e Groundwater/Subsurface Investigations
e Drilling, Sampling & Monitoring
e Pollution Prevention & Remediation
Asbestos and Environmental Laboratory
* Hazardous Materials/Waste Management
Seminar and Training Development
o Industrial Regulatory Compliance
GARY P. ALICANDRO
President
STEVEN M. MIGRIDI
M.rid
ie
V
ne
ViceMPreidentY
00i.e Re-
'y -.n.ronmental
April 27,
Eineerin;
1988
Mr. Stephen F.
Joyce
Deputy Regional Environmental Engineer
Engineering
Department of Environmental Quality
Western Region, 436 Dwight Street
NA
01103
Springfield,
RE:
370 Wahconah Street
Pittsfield, MA
Findings
Dear Mr.
I
of Envir-6nmental
Site Investigation
Joyce:
Enclosed please find a copy of an Environmental Site
Investigation pertaining to the above-referenced site.
On
behalf of our client Mr. J. Barrett Hollister, we are notifying
the DEQE
pursuant
of a probable release condition at this property
to M.G.L., Chapter 21E, Section 7.
Four (4) groundwater monitoring wells were installed at the
site.
Samples from one of these wells contained Methylene
Chloride at a concentration of 1,450 ppb.
fit the present time, work is scheduled to further assess the
extent of contamination at the site.
are planned.
Two
(2)
additional wells
While we realize that the Department must prioritize review of
site
investigations,
we would like
to
request
review of this
report
in
a timely
fasnion
so as to
expedite
pending property
-transactions.
Complete Geotechnical & Environmental Services
453 CENTER STREET, LUDLOW, MASSACHUSETTS 01056 (413) 589-0548
Central and Eastern Massachusetts (617) 754-1080
Facsimile No. (413) 583-5283
0
CORPORATE ENVIRONMENTAL ADVISORS, INC.
Page 2:
Mr. Stephen F.
April 27,
Joyce
1988
If you should have further questions or comments, please contact
me at our office (589-0648).
Sincerely,
CORPORATE ENVIRONMENTAL
ADVISORS,
INC.
Doris S. Atkinson
Environmental Engineer
DSA/cgd
A
0
Commnonwealth of Massachusetts Departrment of Environmental Quality Engineering
For DEOE Use Only
rdous Material Release Site
Potential Oil/H
*
PRELIINARY ASSESSMENT REPORT
Case No.
Date Uisted
1. PROPERTY NAME AND LOCATION (See Supplementary Instructions)
%trNz
I?0t\
s
Property Name
Dispositon
\s\
U-)
Address
Zip Code
municipality
Municipality
l
udLatitude/
bSGS Qud~)
PKt~dC
Cd
10 \
jrls R-%eMA
1. OWNERS/OPERATORS
Date
Acquired
Present Owner.* ~ '3c.-rreAddress:
Contact
)
M
i____________VC_0_________________
D3
N
eL\
tufo W
Present Operator
Address
o
TeL.4r'-,
"
Previous Owner:
Addres.S:
a
\\
N
Specific Propery Use/Activity I
[
Active
0
Inacive
C Inactive
E0 Actve
SIC 8 -
Tel.
G
A
LI
2-&
Li-Zw-1 L-3
Specific Property Use/Activity
Oats
started
Contact
2.5
- zt
Sic #14
43 -- }
C"Q
Longitude
Specific Propery
Na/To Use/Activity
oPopPeQ
D ate
1-
Previous Operator.
Address:
SIC a
-
Tel.
VA\
From/To
Dat"
u
segA
Additional Owner/Operator Information is:
Tel.
-
-;.
Attached
Specific Property Use/Activity
Unknown
-
Property Present
Surrounding Area
Property Past
-.-...-
Industrial
Commercial
Resdential
....-
Agricultural
Undeveloped
...
Not Pertinent
Site Locus Map Attached'
Ill. . GENERAL PROPERTY/AREA INFORMATION
Property/Area Use *
\
22
Si
S\
-
Check it property is or ever was a known:
Refuse/Waste Disposal Area
..,. Gasoline (Servic) Station
Fuel Storage Depot
.. Industrial Manufacturing Facility
Check If Property is Planned for Development.
IV. REVIEW OF AVAILABLE RECORDS/INFORMATION
Municipal:
Date Reviewed
-
By
Information Source(sI:
- Contact Person(s):
State: *
Date Reviewed
Telephon
By
Information Source(a):
Of
Date Reviewed
Telephone:
of
Oy
87-2
F
Telephone:
By
Additional Information/information Sources are attached
Form PA
C
A P-r
Of
Informton Source(s):
Contact Persorn(s:
CHW/SAC
C
-
Contact Persons):
Owner/Operator:Ie Date Reve.ed
Information Source(sI:
Contact Person(s):
Otner 1
(-
O
-CkprkY
Telephone:
C1 Yes
0
No.
Page 1 of 4
A
~
IV.
SURVEY OF AVAILABLE RECORDS/INFORMATION (Continued.)
Based upon records and available information, have petroleum products or hazardous materials been used. treated. stored, or disposed o,
on the property?
(l A5 ,,A
_
Petroleum
.'2.. Hazardous Materials
Yes
0 No
C Yes
Records/Evidence of Present/Former Use:
Underground Storage Tanks:
Waste/Other Oil
Gasoline
Fuel Oil
indicate Number of Tanks:
Presently On-site
--Removed
With Capacity 1100 Gallons
--Over 10 Years Old
Total Number
Wastewater:"
Present
Past
Comments:
T
.
No
Hardous Materials
....
.-
-
Generated?
@ Yes [ No 0 Unknown
Yes 0 No E Unknown
0
ps\
Composition
Sanitary 0 Industial
Sanitary C Indusuial
Disposal
Municipal Sewer 1 On-site E Other
Cter
Municipal Sewer L On-site
O
.
C Yes
R Yes
Is there currently an on-site water supply well?
Other existing means for sampling groundwater?
[ No
No
C
O Unknown.
Acve?
Indicate Present or Past Federal/State Environmental Permits/AReguladons at tIe Property.
O
N.P.D.E.S.
Comments:
Unknown
C Groundwater Discharge
0 R.CRA. Generator
0
R.C.RA TSD
C
Air Duality
Yes
C
C
No.
Oter
Is/are there any record(s of Criminal, Civil, or Administradve Actions. at te property duo to (alleged) violations of environmental statute or regulanon7 0 Yes 1 No
rComment.
V. PROPERTY RECONNAISSANCE
Property Reconnaissanc, by Owner/Operato
"uit'.
(Circle one.)
CO CO^ZflT0
'
Thl- SAost>I
Date 2
L
By ~W6&
Evidence of a Release of Oil or Hazardous Materials7
Yes
C No Z Potential
if Yes/Potental. Based upon:
C visual 0 olfactory 1 analytical/screening
0
CA^k--
Comments:
-
oA
\
o-
EiOOf~A..rm'
F0fl'5ES
A
C
0U
FOR DEOE USE ONLY:
-
Date
On-site Reconnaissance
.
Off-site Reconnaissance
By EPA/DEOE/Contractor:
By
Evidence of a Release of Oil or Hazardous Materials?
(Circle one.)
of
C
Yes
0
No
0
Potential
Comments:
Page 2 Of 4
.4
9
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-
CONCLUSIONS AND CERTIFICATIONS
VII.
Based upon all available information and data. pursuaritto MGL Chapter 212. is there evidence that a release of oil or hazardous matenals
C No C Unknown at this time
Yes
has or is occurring at the propery?
C
Do property conditions constitute a direat of release?
O
No
Yes
Potential
it either of above is "yes", are Immediate site actions necessary to abate an Imminent hazard to public health, safety, wellfa, or the
enivironment, due to:
-
Proximity to known potable water supplies?
C
Potential for direct human contact and exposure?
C Yes
Potential for fire or explosion?
Proximity to fisherlIes/crical habitats?
0
Yes
-
C
Yes
IS No
Other
0
Yes
Yes
No
l
19 No
No
No
ifa release fns been confirmed. are immediate actions necessary to initiate abatement. containment. or recovery actions in order to avoid a
situation where a delay in remedial actions will substainally decrease the efficiency and/or degree of ultimate cleanup?
Have remeolal actons already been taken at
Me site?
No
Yes
.-
DYes 3
No
NOTE: If Immediate actions are needed. or if remedial actions have already been taken at me site, append complete details on nature of
kcott
.
No
problem and prooosed/completed site acdons.
/perator/Private
Name
Title
Company
Professional Environmental Consultant
Party (Circle one.)
~
WVN&s
-
V) vx
Date
Property Affiliation
()'C
-k
Name
Title
WZ\S
C' Vtk
Firm
fa,
C(y9
KA
,
Vtb
A
c
-
A
Set
cz'S
if Fcrm comoietac by Private Pary and/or Professional Environmental Consultant. please sign:
I hereby certify mat Me intormation furnished In and with this Form, to te best of my kn wiedge. is
Vill.
S
___
'A - I
Date
Additional Information attacned to Form
Indicate Namefs) of Environmental Assessment Repors) prepared for Propertr
Sgrgarure:
1kttib'qZ_
L
aRnE
.
c
.
_
C
.t
complete.
Signtuor
tCwner/ Operator/ Pnivte Party)
(Ccn
DISPOSMON OF CASE
'V
O
r,,a'
FOR DEZE USE ONLY:
Form completed by
PRP/Consultant/0E02OEE Contractor/Other (Circle one.)
Date Received:
Adequate
C Insufficient C Inaccurate
C Potenta Roli"". - Further Invesdgation Required
Release Confirmed
If not compiled by DECE. Is provided informadon:
Conclusiion:
0 No Evidence of Reiease
Disposition of Case;
Enforcement Position:
C
C
No Action
C
NA
C
C
O
0
Re-do PA
Send N.O.R.
0
Perform Si.
N.C.R. sent
C
Perform
IRM
0
Other
C
Other
Comnients:
DECE STAFF:
TITLE:
SIGNATURE
DATE:_
Page 4 0l4

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Transcription

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