UNITED STATES ENVIRONMENTAL PROTECTION AGENCY · whether executing updated agreements for access will impact his property rights. Granting access to the United States government for

SDMS DocID 263556

UNITED STATES ENVIRONMENTAL PROTECTION AGENCYREGION 1

ONE CONGRESS STREETSUITE 1100 (SES)

BOSTON, MASSACHUSETTS 02114-2023

\o."7

June 13,2006

Attorney Samuel GoldbergLaw Offices of Samuel Goldberg225 Franklin Street, 26* FloorBoston, MA 02110

Re: Access to Hampshire Realty Trust and Sun Realty Trust Property, which comprise the BeedeWaste Oil Superfund Site in Plaistow, NH, as required by the enclosed Unilateral AdministrativeOrder (U.S. EPA Docket No. CERCLA 01-2006-0080).

Dear Attorney Goldberg:

This letter follows-up our communications over the past year concerning EPA's request that your clientsexecute updated agreements for United States government access to both of the parcels that comprise theabove-referenced Site (owned by the Hampshire Realty Trust and Sun Realty Trust). As explained inEPA's letters enclosing updated access agreements, dated June 13, 2005 (copies included herein), EPAseeks to execute new access agreements because we are nearing completion of the most active phase ofthe on-going removal work under the Comprehensive Environmental Response, Compensation andLiability Act of 1980 ("CERCLA"), and in anticipation of the commencement of the Site remedy. EPAissuance of the above-referenced Order for performance of remedial Design and Remedial Action("RD/RA") will lead to initiation of the Site remedy (beginning with pre-design work) in the near future.

Generally, as noted in previous correspondence, the United States is authorized to seek access to yourclients' property pursuant to Section 104(e) of CERCLA, as amended at 42 U.S.C. § 9604(e). Theauthorization provided by CERCLA includes access to private property for the purpose of determiningthe need for response actions, performing response actions, and/or enforcing CERCLA.

If your clients (all owners of the parcels comprising the Beede Site) execute the enclosed accessagreements, they will show their intent to comply with Paragraph 121 of the Order. The enclosed accessagreements cover the United States, including EPA and its contractors. In addition, note that compliancewith the requirements of Paragraphs 121 and 124 of the Order also necessitate the execution ofagreements for access that include the State of New Hampshire and the Respondents to the Order (the .parties who will be performing the Site remedy).

6PA P«m 1320-11(12.71

OFFICIAL. FILE COPY




June 13,2006

Attorney Samuel GoldbergLaw Offices of Samuel Goldberg225 Franklin Street, 26th FloorBoston, MA 02110

Re: Access to Hampshire Realty Trust and Sun Realty Trust Property, which comprise the BeedeWaste Oil Superfund Site in Plaistow, NH, as required by the enclosed Unilateral AdministrativeOrder (U.S. EPA Docket No. CERCLA 01-2006-0080).


This letter follows-up our communications over the past year concerning EPA's request that your clientsexecute updated agreements for United States government access to both of the parcels that comprise theabove-referenced Site (owned by the Hampshire Realty Trust and Sun Realty Trust). As explained inEPA's letters enclosing updated access agreements, dated June 13, 2005 (copies included herein), EPAseeks to execute new access agreements because we are nearing completion of the most active phase ofthe on-going removal work under the Comprehensive Environmental Response, Compensation andLiability Act of 1980 ("CERCLA"), and in anticipation of the commencement of the Site remedy. EPAissuance of the above-referenced Order for performance of remedial Design and Remedial Action("RD/RA") will lead to initiation of the Site remedy (beginning with pre-design work) in the near future.


If your clients (all owners of the parcels comprising the Beede Site) execute the enclosed accessagreements, they will show their intent to comply with Paragraph 121 of the Order. The enclosed accessagreements cover the United States, including EPA and its contractors. In addition, note that compliancewith the requirements of Paragraphs 121 and 124 of the Order also necessitate the execution ofagreements for access that include the State of New Hampshire and the Respondents to the Order (theparties who will be performing the Site remedy).

Attorney Samuel Goldberg Page 2 of 2June 13, 2005

If you have any questions, I can be reached at 617-918-1889. We look forward to receiving the executedagreements for continued access to your clients' property as soon as possible, prior to the effective dateof the Order.

Cynthia A. LewisSenior Enforcement CounselUS EPA - New England Region617-918-1889 (phone)617-918-1809 (fax)e-mail: [email protected]

Attachments to this letter: Two access agreements for signature by owners of Hampshire Realty Trustand Sun Realty Trust parcels; October 31, 2005 letter from EPA to Attorney Goldberg; June 13, 2005letter from EPA to Hampshire Realty Trust; June 13, 2005 letter from EPA to Sun Realty Trust.

cc: Mark HenryJames Chow, Remedial Project Manager - OSRR

CONSENT FOR ACCESS TO PROPERTY7 Kelley Road, Plaistow, NH 03865

NAME; Hampshire Realty Trust, c/o Mr. Mark O. Henry

ADDRESS OF PROPERTY; 7 Kelley RoadPlaistow, NH 03865

I (We) consent to the officers, employees, agents, contractors, subcontractors, consultants,and other authorized representatives of the United States entering and having continued access tothe above-referenced property for the purpose of conducting and overseeing remedialdesign/remedial action activities in association with the Beede Waste Oil Superfund Site, whichmay include, but shall not be limited to, any or all of the following activities:

• Maintaining the existing chain-link fence that surrounds the Site and other site accesscontrols to prevent trespassing onto the Site.

• Continued vehicular and pedestrian access and egress to/from Site areas.

• Continued performance and oversight of response activities related to the operation ofan on-Site oil recovery system and oil interceptor trench.

• Maintaining and sampling on-Site groundwater monitoring and drinking water wells,as necessary.

• Sampling soil, surface water, and sediment locations as necessary.

• Oversight or performance, if necessary, of remedial design/remedial action activitiesas described in EPA's Record of Decision, dated January 9, 2004, which presents thecleanup plan proposed for the Site.

• Evaluating the need to conduct further response actions to mitigate the hazards posedby the Site.

• Evaluating the need to conduct further response actions to offset the loss of naturalresources.

I (We) realize that these actions by the United States are undertaken pursuant to thefederal government's response and enforcement authorities under the ComprehensiveEnvironmental Response, Compensation and Liability Act of 1980, as amended ("CERCLA"),42U.S.C. §9601etseq.

CONSENT FOR ACCESS TO PROPERTY7 Kelley Road, Plaistow, NH 03865 Page 2

I (We) give this written permission voluntarily with knowledge of my (our) right to refuseand without threats or promise of any kind.

Date Signature of Property Owner orOwner's Authorized Representative

Name: !_

Address:

Phone:

CONSENT OF ADDITIONAL PROPERTY OWNER(S)


Name:

Address:

Phone:

Attach additional sheets if necessary.

CONSENT FOR ACCESS TO PROPERTY42 Old County Road, Plaistow, NH 03865

NAME: Sun Realty Trust, c/o Mr. Mark O. Henry

ADDRESS OF PROPERTY: 42 Old County RoadPlaistow, NH 03865










I (We) realize that these actions by the United States are undertaken pursuant to thefederal government's response and enforcement authorities under the ComprehensiveEnvironmental Response, Compensation and Liability Act of 1980, as amended ("CERCLA"),42 U.S.C. § 9601 et seq.

CONSENT FOR ACCESS TO PROPERTY42 Old County Road, Plaistow, NH 03865 Page 2



Name:

Address:

Phone:



Name:

Address:

Phone:





October 31,2005

Attorney Samuel GoldbergLaw Offices of Samuel Goldberg225 Franklin Street, 26th FloorBoston, MA 02110

Re: EPA Request for Updated Access Agreements from Hampshire Realty Trust and Sun RealtyTrust for the Beede Waste Oil Superfund Site, Plaistow, NH ("Site").


This letter follows-up my telephone discussion with you today concerning EPA's request that yourclients execute updated agreements for United States government access to both of the parcels thatcomprise the above-referenced site (owned by the Hampshire Realty Trust and Sun Realty Trust). Asexplained in EPA's letters enclosing updated access agreements, dated June 13, 2005, EPA seeks toexecute new access agreements because we are nearing completion of the most active phase of the on-going removal work under the Comprehensive Environmental Response, Compensation and LiabilityAct of 1980 ("CERCLA"), and we are preparing to initiate negotiations with remaining potentiallyresponsible parties ("PRPs") for performance of the selected remedy for the Site.


In our telephone discussion today you asked about your client's authority to enter his own property, andwhether executing updated agreements for access will impact his property rights. Granting access to theUnited States government for the activities described in the two Beede site access agreements, andauthorized under CERCLA, does not alter your clients' property rights. However, as is evident uponvisiting the Site and viewing the on-going cleanup work, your clients' actions on the Site should notinterfere with remedial activities. The enclosed frequently asked questions two-page document providesadditional information about the nature of EPA's relationship to any site it is seeking to evaluate orremediate. Although this document was drafted to discuss access during preliminary investigations,many of the explanations apply to any situation where EPA is seeking consensual access to a site underCERCLA (see, in particular, answer to questions numbers 3 through 9).

Attorney Samuel GoldbergOctober 31, 2005

Please let me know if you have any additional questions. Otherwise, we look forward to receiving theexecuted agreements for continued access to your clients' property.

Cynthia A. LewisSenior Enforcement CounselUS EPA - New England Region617-918-1889 (phone)617-918-1809 (fax)e-mail: [email protected]

cc: James Chow, Remedial Project Manager - OSRR

FREQUENTLY ASKED QUESTIONS ABOUT EPA'S REQUESTS FOR ACCESSFOR PRELIMINARY ASSESSMENTS & SITE INVESTIGATIONS (PA/SPs)

EPA has frequently been asked the following questions when we have requested access toproperty for PA/SIs. We hope these answers assist you.

1. What type of work will be done on my property?

PA/SIs are usually done by an EPA contractor under the direction of the EPA On-SceneCoordinator (the "OSC"). Generally, the OSC and the contractor will walk around the propertyto get an overview of the area and collect a small number of water, sediment, or soil samples.Typically, the sampling is done as a separate site visit after the initial site reconnaissance. Inmost cases, sampling is done with a hand auger or similar hand sampling device, and heavyequipment is not used. Sometimes, it is necessary to drive vehicles onto the property. It mayalso be necessary to take photographs of the property before work begins or during the samplingactivities. Unless there is some unusual circumstance, the work is performed during normalbusiness hours.

2. How long with EPA be on my property?

A typical PA/SI will take 1-2 days to complete. The initial site reconnaissance may take severalhours. A return visit to perform sampling (usually scheduled within two months of the first visit)could require a full day.

3. Can I be there when EPA is on the property?

Yes, you or your representative may observe the work. However, you may not interfere with thework and your presence may not be a condition for the work to take place.

4. Will the property be changed or damaged in some way?

The work that EPA will be doing will not change or damage the property. It is EPA's policy toleave the property in the same condition as before EPA entered, whenever practicable. Shouldsomething happen to the property as a result of EPA's actions, EPA's contractors are required tocarry comprehensive general liability insurance. In addition, the protections of the Federal TortClaims Act would also apply.

5. Do I have to allow EPA onto my property?

The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), alsocalled the Superfund law, gives EPA the right to enter your property if it has a reasonable basis tobelieve that there is a release or threat of release of hazardous substances on your property. This

EPA New England March 2001

PA/SI Access Request Questions and Answers Page two

access authority extends to properties adjacent to existing Superfund sites, as well as to the sitesthemselves.

6. Can I get a release from liability or indemnification from EPA?

No. EPA's right to access to conduct the PA/SI may not be conditioned on the Agency giving upany legal claims which it might have against the property owner. EPA also cannot agree toindemnify an owner for damages caused by EPA or its contractor. Indemnification by EPA is aviolation of the Anti-Deficiency Act and illegal for EPA to provide.

7. Can I get copies of any reports EPA prepares about the property?

Yes. You will be given copies of the final PA/SI reports. You may also receive, upon request,copies of any data which has already gone through the sampling analysis quality assurance andquality control process. Before leaving the property, EPA or its contractor, will give you areceipt describing the samples obtained. You may, upon request, receive a portion of the sampleswhich were collected and which you may have analyzed at your own expense.

8. Will EPA give me notice before coming onto my property?

It is EPA's practice to provide advance notice of property access whenever practicable.However, in the event of any emergency, EPA will require immediate access to the property.

9. What will happen if I do not agree to give EPA access?

If EPA determines that it is necessary to obtain access at this time, the statute allows EPA toissue an administrative order requiring you to provide access, or EPA may request that the U.S.Department of Justice seek a warrant or judicial order for access from the U.S. District Court.The Department of Justice has been successful in obtaining warrants or judicial orders in thepast.

EPA New England March 2001


1 CONGRESS STREET, SUITE 1100BOSTON, MASSACHUSETTS 02114-2023

URGENT LEGAL MATTER - PROMPT REPLY NECESSARYCERTIFIED MAIL - RETURN RECEIPT REQUESTED

June 13,2005

Sun Realty Trustc/o Mr. Mark O. Henry35 Evergreen DriveNorth Andover, MA 01845

Re: REQUEST FOR ACCESS TO PROPERTY42 Old County RoadPlaistow.NH 03865

Dear Mr. Henry:

The United States Environmental Protection Agency (EPA) respectfully requests permission forthe United States, its agencies, agents, contractors and other authorized representatives to haveaccess to the property located at 42 Old County Road, Plaistow, New Hampshire to conduct andoversee remedial cleanup activities associated with the Beede Waste Oil Superfund Site (theSite). The property is further described in town tax records as Lot No. 31/1/7.

It is EPA's practice to seek to execute new access agreements with property owners periodicallyin connection with new or anticipated site activities, or when otherwise deemed appropriate. AtBeede, EPA is nearing completion of its most active phase of removal work, and getting ready toinitiate negotiations with remaining potentially responsible parties ("PRPs") to conduct sitecleanup activities (a.k.a., remedial design/remedial action activities and other work consistentwith EPA's Record of Decision for the Site, dated January 9, 2004) under oversight by EPA.EPA seeks to replace the previous agreement for access to your property, dated July 3, 1996, witha new agreement for access with the United States that provides an updated description of on-going activities (continued removal work) and new activities (additional assessment and cleanupwork) identified in the attached access agreement.

As explained in previous correspondence, please note that entry to your property is authorized byfederal law, in particular Section 104(e) of the Comprehensive Environmental Response,Compensation and Liability Act of 1980, as amended ("CERCLA"), 42 U.S.C. § 9604(e). Theauthorization provided by CERCLA includes access to private property for the purpose ofdetermining the need for response actions, performing response actions, and/or enforcingCERCLA: Enclosed is a fact sheet which describes the primary cleanup activities that areplanned for the Site.

Toll Free. 1-888-372-7341Internet Address (URL) • http://www.epa.gov/region1

Recycled/Recyclable .Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Postconsumer)

Please signify your consent to access by signing the enclosed access agreement and returning it tome at the following address:

James S. Chow, Remedial Project ManagerU.S. Environmental Protection AgencyOne Congress Street, Suite 1100 (HBO)Boston, MA 02114

The access agreement must be signed by all owners, operators or their authorized representativesof the property described above. Please provide the name, address, and telephone number of adesignated contact for future communications. If EPA does not receive a reply within ten (10)business days of your receipt of this letter, it may become necessary for EPA to employ otherlegal means to obtain access.

Your cooperation is appreciated. If you have any questions, please feel free to contact me at(617) 918-1394 or [email protected].

Sincerely,

James S. ChowRemedial Project Manager

enclosures• Consent for Access to Property Agreement• Beede Waste Oil Fact Sheet

cc: Cindy Lewis, Senior Enforcement Counsel

CONSENT FOR ACCESS TO PROPERTY42 Old County Road, Plaistow, NH 03865

NAME; Sun Realty Trust, c/o Mr. Mark O. Henry

ADDRESS OF PROPERTY; 42 Old County RoadPlaistow, NH 03865











CONSENT FOR ACCESS TO PROPERTY42 Old County Road, Plaistow, NH 03865 Page 2



Name:

Address:

Phone:



Name:

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Beede Waste Oil SiteFebruary 2004

The U.S. Environmental Protection Agency and the New Hampshire Department of Environmental Services have been working to addresscontamination at the Beede Waste Oil Site in Plaistow, NH. Below is an overview of the $48 million deanup planned for the site.

The United States Environmental ProtectionAgency (EPA), with concurrence from the NewHampshire Department of EnvironmentalServices, has approved a $48 million deanupplan for the Beede Waste Oil Superfund Site.The plan, which was approved on January9, 2004, and is referred to as a Record ofDecision (ROD), builds on nearly a decadeof environmental studies and follows on theheels of several interim cleanup measuresalready completed or underway at the site.

This fact sheet provides an overview of thecleanup plan as well as historical andongoing activities at the site.

The deanup plan is designed to addressall known contamination remaining in soil,sediment, groundwater and surface waterat the site. Although hundreds ofcontaminants were detected at the site, thecleanup plan focuses on the most prevalentand toxic contaminants includingpolychlorinated biphenyls (PCBs), lead andvolatile organic compounds (VOCs). Thesurface soil, deep soil, sediment andgroundwater will be addressed asdescribed on the following pages.

For More Information

The Record of Decision (ROD) for the Beede Site is a 353 pagedocument which explains the decision-making process, and otherfactors considered by EPA, in selecting the final deanup plan. Itincludes a history and overview of all site investigations, a summary ofthe potential human health and ecological risks posed by the site, anexplanation and comparison of the various cleanup alternativesconsidered, and a detailed description of the final cleanup plan.

The ROD also took into consideration an evaluation of publiccomments received on the proposed cleanup plan, which wasreleased in the summer of 2002. EPA received comments on theproposed deanup plan from community members, environmentalgroups and town leaders, as well as several potentially responsibleparties (PRPs). EPA's written responses are contained in a documentcalled a responsiveness summary, which is Part 3 of the ROD. TheROD did not change significantly from the proposed deanup plan.All other documents considered in developing the ROD are containedin an Administrative Record for the site. The ROD and completeAdministrative Record for the Beede Site are available for review atthe following locations:

Plaistow Public Library14 Elm StreetPlaistow, NH 03865(603) 382-6011

EPA Records Center1 Congress St.Boston, MA 02114(617) 918-1440

or on the world wide web atwww.epa.gov/reglon01/superfund/sltes/beede

Or, Call EPA toll free at 888-372-7341 and ask for thefollowing extensions:

Sharon HayesProject Manager

Cindy LewisLegal

Angela BonarrigoCommunity Relations

8I328

81889

8I034

Shallow Soil, Soil Piles & LandfillCleanup j

The shallow soil, soil piles and on-site landfill are contaminatedwith various chemicals, most notably PCBs and lead.

Presently, the overall contamination levels are as follows:• PCB concentrations of up to 700 parts per million (ppm)• Lead concentrations of up to 20,000 ppm

The target cleanup levels are:• 0.5 ppm for PCBsB 400 ppm for lead

Summary of the Shallow Soil Cleanup:

The shallow soil cleanup Involves the excavation and off-sitetreatment or disposal of all soil between 0 and 10 feet whichexceeds the cleanup levels for PCBs and lead. An excavationdepth of 10 feet was selected based on the potential for exposureto future residents. The removal of contaminated shallow soilwill not only protect trespassers, but will allow for future residentialreuse of the entire property.

The majority of PCB and lead contaminated soil is located at theground surface (between 0 and 2 feet) over a large area of Parcel1. A few discreet areas have contamination which extendsdeeper than 2 feet below the surface. Soil contamination onParcel 2 is limited to an area immediately adjacent to andbordering Parcel 1.

Approximately 75,000 cubic yards of material will be excavatedand shipped off site for treatment or disposal as part of the shallowsoil cleanup. This includes approximately 16,000 cubic yardswhich comprise the soil piles on the site, and 11,000 cubic yardsof landfill materials. Following the excavation activities, wetlandsin the former landfill area will be restored.

Cleanup Highlights

Shallow soil to be removed - 75,000 cubicyards

Deep soil to be treated - 70,000 cubic yards

Groundwater to be treated -1.6 billion gallons

Sediment to be removed -1,000 cubic yards

Wetlands to be restored -1 1/2 acres

:Peep SoilCleanup

Deep soils are soils at a depth greater than 10 feet beneath the groundsurface. Although soils at this depth are inaccessible, they are acontinuing source of groundwater contamination. In addition to beingcontaminated with PCBs and lead, these deeper soils are alsocontaminated with volatile organic compounds (VOCs).

Presently, the overall contamination levels are as follows:• PCB concentrations of up to 50 ppm• Lead concentrations of up to 1,100 ppm• Total VOC concentrations of up to 660 ppm

The target cleanup levels are:• For individual VOCs, levels range from 0.1 to 20 ppm.• PCBs and lead will not be removed from the deep soil.

Summary of the Deep Soil Cleanup:

Approximately 70,000 cubic yards of deep soil will be treated throughthe construction and operation of a soil vapor extraction (SVE) systemwhich will remove only VOCs. Other contaminants will remain indeep soil since they areiinaccessible and do not leach.The SVE system will consist ofabout 100 wells which will be Iconnected to a vacuum blower Ivia above ground piping. VOCs Iwill be captured by activatedcarbon. Thermal-enhancementof the system through steaminjection may be necessary toeffectively remove the VOCs andachieve the cleanup goals. Apilot study will be performed todetermine If steam injection isrequired, and if so, to what)extent.

In addition, Activity and Use IRestrictions (AURs) will be putin place to prevent theexcavation of soils deeper than j10 feet beneath ground surface.Although residents are not Iexposed to soil at these depths, jAURs will provide an addedmeasure of protection.

SedimentCleanup

Sediment at the site is contaminated with PCBs and Arsenic.

Presently, the overall contamination levels are as follows:• PCB concentrations of up to 3.6 ppm• Arsenic concentrations of up to 115 ppm

The target cleanup levels are:• 0.68 ppm for PCBs• 16.6 ppm for lead

Summary of the Sediment Cleanup:

The sediment cleanup plan involves the excavation and off-sitedisposal of approximately 1,000 cubic yards of sediment in alimited area of oil-saturated sediment which exceeds cleanupstandards. This will be performed in conjunction with the largershallow soil excavation. PCB and arsenic contaminated sedimentfrom the former oil break-out area located on the southern bankof Kelley Brook, immediately adjacent to the oil interceptor trench,will be excavated and sent off-site for treatment or disposal. The

area of sediment to beexcavated is approximately

1150 feet long, 50 feet wide,land 4 feet deep.

lOnce the excavation[activities are completedland the contaminated(sediment has been(removed, the wetlands(which are contiguous withI the former landfill area, willI be restored. In addition, aI long-term surface waterland sediment monitoring(program will beI implemented to evaluate(the effectiveness of theI remedy on the remainingI Kelley Brook sediments.

GroundvyaterCleanup

Groundwater at the site is contaminated primarily with VOCs.

Presently, the overall contamination levels are as follows:• Total VOC concentrations of up to 7,500 parts per billion

(ppb)

The target cleanup levels are:• For individual VOCs, levels are set at drinking water

standards (typdally single-digit ppb levels).

Summary of the Groundwater Cleanup:

VOC contamination is present in both the shallow and bedrockaquifers. The VOC plume extends off-site and has impactedactive drinking water supply wells. The Town of Plalstow doesnot have a public water distribution system. Individual treatmentsystems have been installed to provide dean water to impactedwell users.

A groundwater extraction and treatment system will be constructedon-site. A series of extraction wells will be installed and connectedto this multi-phase treatment system, which will reduce VOCconcentrations to drinking water standards. Approximately 1.6billion gallons of groundwater will be treated and returned to theaquifer through a series of infiltration galleys or discharged toKelley Brook. A pilot study will be performed to determine theexact number and location of extraction wells, the most effectivepumping rate and the preferable discharge method.

In addition, a long-term groundwater monitoring program will beundertaken to evaluate the effectiveness of the remedy and tomonitor water quality in area drinking water supply wells, and aState of New Hampshire Groundwater Management Zone willbe established to prevent the use of groundwater within thecontaminated plume area until drinking water standards areattained.

Community Impacts

50 trucks per day for at least 4 months.

Potential noise and dust associated withconstruction and treatment activities.

Lowering of the water table will requirereplacement of shallow water supply wells.

Cleanup ActivitiesCompleted To Date

To date, EPA and NH DES have invested about$19 million in investigation and interim cleanupwork at the site. Actions completed to date include:

Tank/Drum Removal: Approximately 1.1 milliongallons of waste oil, sludge and water wereremoved from the over 100 above ground storagetanks and 800 drums formerly located on theproperty. The tanks themselves were the cleaned,dismantled and removed. This work wascompleted in November 1997.

Remedial Investigation: An investigation of thenature and extent of contamination in all media atthe site, and an evaluation of the potential humanhealth and environmental risks associated withthis contamination was undertaken at the site. ARemedial Investigation Report was released inFebruary 2001.

Feasibility Study: A complete Feasibility Study wasundertaken to evaluate various technologies andalternatives to fully address the contamination andassociated potential risks at the site. A FeasibilityStudy Report was released in January 2002.

Floating Oil Removal: A120 foot long interceptortrench was installed to capture oil previouslyseeping into nearby Kelley Brook. In addition,143vacuum extraction wells were installed across thesite to remove mobile floating oil from thegroundwater table. Over 80,000 gallons of oil havebeen removed as of 2004. The interceptor trenchwas installed in November 1997. The vacuumextraction system was installed in February 2000.

Schedule of FutureCleanup Activities

• EPA plans to continue operating the interceptor trenchand vacuum extraction systems. This system is expected tocontinue possibly into 2005. This system must be dismantledprior to start of the soil cleanup.• Treatibility studies will be performed to gather datanecessary to design the final cleanup. These studies areexpected to take several months to complete. The full designprocess will take a year or more to complete.• Following the dismantling of the mobile oil recoverysystem, the shallow soil, soil piles, landfill and sedimentcomponent of the cleanup will take about 1 to 2 years tocomplete.• Once installed, the vacuum extraction system isexpected to operate for about 4 to 5 years and the groundwaterextraction and treatment system is expected to operate for about15 years. During this time, EPA and NHDES will continue tomonitor surface water, sediment and groundwater on the(including residential wells). Groundwater and activity and userestrictions will remain in effect. As necessary, EPA and NHDES will install and maintain point of use treatment systems onnearby residential drinking water wells until the aquifer is restored.• The overall cleanup will be reviewed every five yearsto ensure that this approach remains protective of public healthand the environment.

Enforcement Update

EPA will continue to focus efforts on resolving the liability ofabout 1,000 remaining potentially responsible parties (PRPs).To date, EPA has settled with 923 PRPs which has raised about$6.4 million for the site. EPA anticipates that final cleanupactivities will be performed and / or funded by PRPs.

Please refer to the February 2004 Enforcement Update on EPA'swebsite for more detail.

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY\ REGION 1I 1 CONGRESS STREET, SUITE 1100


URGENfT LEGAL MATTER - PROMPT REPLY NECESSARYCERTIFIED MAIL - RETURN RECEIPT REQUESTED

June 13, 2005

Hampshire Realty Trustc/o Mr. Mark O. Henry35 Evergreen DriveNorth Andover, MA 01845

Re: REQUEST FOR ACCESS TO PROPERTY1 Kelley RoadPlaistow, NH 03865

Dear Mr. Henry:

The United States Environmental Protection Agency (EPA) respectfully requests permission forthe United States, its agencies, agents, contractors and other authorized representatives to haveaccess to the property located at 1 Kelley Road, Plaistow, New Hampshire to conduct andoversee remedial cleanup activities associated with the Beede Waste Oil Superfund Site (theSite). The property is further described in town tax records as Lot No. 32/3/12.

It is EPA's practice to seek to execute new access agreements with property owners periodicallyin connection with new or anticipated site activities, or when otherwise deemed appropriate. AtBeede, EPA is nearing completion of its most active phase of removal work, and getting ready toinitiate negotiations with remaining potentially responsible parties ("PRPs") to conduct sitecleanup activities (a.k.a., remedial design/remedial action activities and other work consistentwith EPA's Record of Decision for the Site, dated January 9,2004) under oversight by EPA.EPA seeks to replace the previous agreement for access to your property, dated July 3,1996, witha new agreement for access with the United States that provides an updated description of on-going activities (continued removal work) and new activities (additional assessment and cleanupwork) identified in the attached access agreement.

As explained in previous correspondence, please note that entry to your property is authorized byfederal law, in particular Section 104(e) of the Comprehensive Environmental Response,Compensation and Liability Act of 1980, as amended ("CERCLA"), 42 U.S.C. § 9604(e). Theauthorization provided by CERCLA includes access to private property for the purpose ofdetermining the need for response actions, performing response actions, and/or enforcingCERCLA. Enclosed is a fact sheet which describes the primary cleanup activities that areplanned for the Site.

Toll Free-1-888-372-7341Internet Address (URL) • http://www.epa.gov/region1

Recycled/Recyclable • Printed with Vegetable OH Based Inks on Recycled Paper (Minimum 30% Postconsumer)

Please signify your consent to access by signing the enclosed access agreement and returning it tome at the following address:

James S. Chow, Remedial Project ManagerU.S. Environmental Protection AgencyOne Congress Street, Suite 1100 (HBO)Boston, MA 02114

The access agreement must be signed by all owners, operators or their authorized representativesof the property described above. Please provide the name, address, and telephone number of adesignated contact for future communications. If EPA does not receive a reply within ten (10)business days of your receipt of this letter, it may become necessary for EPA to employ otherlegal means to obtain access.

Your cooperation is appreciated. If you have any questions, please feel free to contact me at(617) 918-1394 or [email protected].

Sincerely,

James S. ChowRemedial Project Manager

enclosures• Consent for Access to Property Agreement• Beede Waste Oil Fact Sheet

cc: Cindy Lewis, Senior Enforcement Counsel

CONSENT FOR ACCESS TO PROPERTY7 Kelley Road, Plaistow, NH 03865

NAME; Hampshire Realty Trust, c/o Mr. Mark O. Henry

ADDRESS OF PROPERTY; 7 Kelley RoadPlaistow, NH 03865











CONSENT FOR ACCESS TO PROPERTY7 Kelley Road, Plaistow, NH 03865 Page 2



Name: '_

Address:

Phone:



Name:

Address:

Phone:


Beede Waste Oil SiteFebruary 2004

The 1)1 Environmental Protection Agency and the New Hampshire Department of Environmental Services have been working to addresscontamination at the Beede Waste Oil Site in Plaistow, NH. Below is an overview of the $48 million deanup planned for the site.

The United States Environmental ProtectionAgency (EPA), with concurrence from the NewHampshire Department of EnvironmentalServices, has approved a $48 million cleanupplan for the Beede Waste Oil Superfund Site.The plan, which was approved on January9, 2004, and is referred to as a Record ofDecision (ROD), builds on nearly a decadeof environmental studies and follows on theheels of several interim deanup measuresalready completed or underway at the site.

This fact sheet provides an overview of thecleanup plan as well as historical andongoing activities at the site.

The cleanup plan is designed to addressall known contamination remaining in soil,sediment, groundwater and surface waterat the site. Although hundreds ofcontaminants were detected at the site, thecleanup plan focuses on the most prevalentand toxic contaminants includingpolychlorinated biphenyls (PCBs), lead andvolatile organic compounds (VOCs). Thesurface soil, deep soil, sediment andgroundwater will be addressed asdescribed on the following pages.

For More Information

The Record of Decision (ROD) for the Beede Site Is a 353 pagedocument which explains the decision-making process, and otherfactors considered by EPA, in selecting the final cleanup plan. Kincludes a history and overview of all site investigations, a summary ofthe potential human health and ecological risks posed by the site, anexplanation and comparison of the various cleanup alternativesconsidered, and a detailed description of the final cleanup plan.

The ROD also took Into consideration an evaluation of publiccomments received on the proposed cleanup plan, which wasreleased in the summer of 2002. EPA received comments on theproposed deanup plan from community members, environmentalgroups and town leaders, as well as several potentially responsibleparties (PRPs). EPA's written responses are contained in a documentcalled a responsiveness summary, which Is Part 3 of the ROD. TheROD did not change significantly from the proposed deanup plan.All other documents considered In developing the ROD are containedin an Administrative Record for the site. The ROD and completeAdministrative Record for the Beede Site are available for review atthe following locations:

Plaistow Public Library14 Elm StreetPlaistow, NH 03865(603) 382-6011

EPA Records Center1 Congress SiBoston, MA 02114(617) 918-1440

or on the world wide web atwww.epa.gov/reglon01/superfund/sltes/beede

Or, Call EPA toll free at 888-372-7341 and ask for thefollowing extensions:

Sharon HayesProject Manager

Cindy LewisLegal

Angela BonarrlgoCommunity Relations

8I328

81889

81034

Shallow Soil, Soil Piles & LandfillCleanup

The shallow soil, soil piles and on-site landfill are contaminatedwith various chemicals, most notably PCBs and lead.

Presently, the overall contamination levels are as follows:• PCB concentrations of up to 700 parts per million (ppm)• Lead concentrations of up to 20,000 ppm

The target cleanup levels are:• 0.5 ppm for PCBs• 400 ppm for lead

Summary of the Shallow Soil Cleanup:

The shallow soil cleanup involves the excavation and off-sitetreatment or disposal of all soil between 0 and 10 feet whichexceeds the cleanup levels for PCBs and lead. An excavationdepth of 10 feet was selected based on the potential for exposureto future residents. The removal of contaminated shallow soilwill not only protect trespassers, but will allow for future residentialreuse of the entire property.

The majority of PCB and lead contaminated soil is located at theground surface (between 0 and 2 feet) over a large area of Parcel1. A few discreet areas have contamination which extendsdeeper than 2 feet below the surface. Soil contamination onParcel 2 is limited to an area immediately adjacent to andbordering Parcel 1.

Approximately 75,000 cubic yards of material will be excavatedand shipped off site for treatment or disposal as part of the shallowsoil cleanup. This Includes approximately 16,000 cubic yardswhich comprise the soil piles on the site, and 11,000 cubic yardsof landfill materials. Following the excavation activities, wetlandsIn the former landfill area will be restored.

Cleanup Highlights

Shallow soil to be removed - 75,000 cubicyards

Deep soil to be treated - 70,000 cubic yards

Groundwaterto be treated -1.6 billion gallons

Sediment to be removed -1,000 cubic yards

Wetlands to be restored -1 1/2 acres

Deep SoilCleanup

Deep soils are soils at a depth greater than 10 feet beneath the groundsurface. Although soils at this depth are inaccessible, they are acontinuing source of groundwater contamination. In addition to beingcontaminated with PCBs and lead, these deeper soils are alsocontaminated with volatile organic compounds (VOCs).

Presently, the overall contamination levels are as follows:• PCB concentrations of up to 50 ppm• Lead concentrations of up to 1,100 ppm• Total VOC concentrations of up to 660 ppm

The target cleanup levels are:• For individual VOCs, levels range from 0.1 to 20 ppm.• PCBs and lead will not be removed from the deep soil.

Summary of the Deep Soil Cleanup:

Approximately 70,000 cubic yards of deep soil will be treated throughthe construction and operation of a soil vapor extraction (SVE) systemwhich will remove only VOCs. Other contaminants will remain indeep soil since they areiinaccessible and do not leach. IThe SVE system will consist of Iabout 100 wells which will beconnected to a vacuum blowervia above ground piping. VOCswill be captured by activatedcarbon. Thermal-enhancementof the system through steaminjection may be necessary toeffectively remove the VOCs andachieve the cleanup goals. Apilot study will be performed todetermine If steam injection Isrequired, and if so, to what|extent.

In addition, Activity and UseRestrictions (AURs) will be putin place to prevent the [excavation of soils deeper than10 feet beneath ground surface.Although residents are not|exposed to soil at these depths,AURs will provide an addedmeasure of protection.

SedimentCleanup

Sediment at the site Is contaminated with PCBs and Arsenic.

Presently, the overall contamination levels are as follows:• PCB concentrations of up to 3.6 ppm• Arsenic concentrations of up to 115 ppm

The target cleanup levels are:• 0.68 ppm for PCBs• 16.6 ppm for lead

Summary of the Sediment Cleanup:

The sediment cleanup plan involves the excavation and off-sitedisposal of approximately 1,000 cubic yards of sediment in alimited area of oil-saturated sediment which exceeds cleanupstandards. This wffl be performed In conjunction with the largershallow soil excavation. PCB and arsenic contaminated sedimentfrom the former oil break-out area located on the southern bankof Kelley Brook, immediately adjacent to the oil interceptor trench,wfll be excavated and sent off-site for treatment or disposal. The

•area of sediment to bexcavated Is approximately

1150 feet long, 50 feet wide,land 4 feet deep.

lonce the excavation[activities are completedland the contaminated(sediment has beenremoved, the wetlands(which are contiguous withIthe former landfill area, willI be restored. In addition, a[long-term surface waterland sediment monitoringI program will beI Implemented to evaluateIthe effectiveness of theI remedy on the remainingKelley Brook sediments.

GroundwaterCleanup

Groundwater at the site Is contaminated primarily with VOCs.

Presently, the overall contamination levels are as follows:• Total VOC concentrations of up to 7,500 parts per billion

(ppb)

The target cleanup levels are:• For Individual VOCs, levels are set at drinking water

standards (typdally single-digit ppb levels).

Summary of the Groundwater Cleanup:

VOC contamination Is present In both the shallow and bedrockaquifers. The VOC plume extends off-site and has impactedactive drinking water supply wells. The Town of Plalstow doesnot have a public water distribution system. Individual treatmentsystems have been installed to provide dean water to impactedwell users.

A groundwater extraction and treatment system will be constructedon-slte. A series of extraction wells will be installed and connectedto this multi-phase treatment system, which will reduce VOCconcentrations to drinking water standards. Approximately 1.6billion gallons of groundwater will be treated and returned to theaquifer through a series of infiltration galleys or discharged toKelley Brook. A pilot study will be performed to determine theexact number and location of extraction wells, the most effectivepumping rate and the preferable discharge method.

In addition, a long-term groundwater monitoring program will beundertaken to evaluate the effectiveness of the remedy and tomonitor water quality in area drinking water supply wells, and aState of New Hampshire Groundwater Management Zone willbe established to prevent the use of groundwater within thecontaminated plume area until drinking water standards areattained.

Community Impacts

50 trucks per day for at least 4 months.

Potential noise and dust associated withconstruction and treatment activities.

Lowering of the water table will requirereplacement of shallow water supply wells.

Cleanup ActivitiesCompleted To Date

To date, EPA and NH DES have invested about$19 million in investigation and interim cleanupwork at the site. Actions completed to date include:

Tank/Drum Removal: Approximately 1.1 milliongallons of waste oil, sludge and water wereremoved from the over 100 above ground storagetanks and 800 drums formerly located on theproperty. The tanks themselves were the cleaned,dismantled and removed. This work wascompleted in November 1997.

Remedial Investigation: An investigation of thenature and extent of contamination in all media atthe site, and an evaluation of the potential humanhealth and environmental risks associated withthis contamination was undertaken at the site. ARemedial Investigation Report was released inFebruary 2001.

Feasibility Study: A complete Feasibility Study wasundertaken to evaluate various technologies andalternatives to fully address the contamination andassociated potential risks at the site. A FeasibilityStudy Report was released in January 2002.

Floating Oil Removal: A120 foot long interceptortrench was installed to capture oil previouslyseeping into nearby Kelley Brook. In addition,143vacuum extraction wells were installed across thesite to remove mobile floating oil from thegroundwater table. Over 80,000 gallons of oil havebeen removed as of 2004. The interceptor trenchwas installed in November 1997. The vacuumextraction system was installed in February 2000.

Schedule of FutureCleanup Activities

• EPA plans to continue operating the interceptor trenchand vacuum extraction systems. This system is expected tocontinue possibly into 2005. This system must be dismantledprior to start of the soil cleanup.• Treatibility studies will be performed to gather datanecessary to design the final cleanup. These studies areexpected to take several months to complete. The full designprocess will take a year or more to complete.• Following the dismantling of the mobile oil recoverysystem, the shallow soil, soil piles, landfill and sedimentcomponent of the cleanup will take about 1 to 2 years tocomplete.• Once installed, the vacuum extraction system isexpected to operate for about 4 to 5 years and the groundwaterextraction and treatment system is expected to operate for about15 years. During this time, EPA and NHDES will continue tomonitor surface water, sediment and groundwater on the(including residential wells). Groundwater and activity and userestrictions will remain in effect. As necessary, EPA and NHDES will install and maintain point of use treatment systems onnearby residential drinking water wells until the aquifer is restored.• The overall cleanup will be reviewed every five yearsto ensure that this approach remains protective of public healthand the environment.

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Enforcement Update

EPA will continue to focus efforts on resolving the liability ofabout 1,000 remaining potentially responsible parties (PRPs).To date, EPA has settled with 923 PRPs which has raised about$6.4 million for the site. EPA anticipates that final cleanupactivities will be performed and / or funded by PRPs.

Please refer to the February 2004 Enforcement Update on EPA'swebsite for more detail.

Documents

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