Click here for the report titled "Environmental Impacts from Largest MTBE Release in History" which describes a March 13, 2000 sampling of 5,980 ug/L of MTBE and 74.5 ug/L of benzene. On 6-17-04 at the Boutwell Garage, there was a reading of 650 ug/L of MTBE in monitoring well #15 and 16,600 ug/L of MTBE in monitoring well #16; over 225x the Massachusetts drinking water standard. The Boutwells Garage site showed influent MTBE readings which EXCEED the 700 levels, over ten times the allowable limit.
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PHOTOS OF ADAMS SEPTIC SYSTEM
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12-12-00 thru 12-13-00 Kevin Lashua excavated approximately 1/4 of the sewage disposal system. Shots from video showing Jim Garreffi and Mark Carlisle, Ashburnham Board of Health Chairman at that time, currently Board of Selectmen Chairman, at 57 Fitchburg Road, Ashburnham, MA, allowing Kevin Lashua/Bill's Sewer Service, Inc., to remove part of the septic system. |
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This photo shows the first load taken to Kevin Lashua's property on Rt 12 Winchendon Road |
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Driver Ken Malo asking us to leave. |
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The emptied truck after Ken Malo dumped the first load at Kevin Lashua's property on Winchendon Road, Ashburnham, MA. |
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Town of Ashburnham Solid Waste Regulations 1.8MB PDF |
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DEP Title 5 - 310 CMR Section 15.504 (2) "Disposal of septage shall be...to a treatment works. |
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FEDERAL LAWS Code
of Federal Regulations 40CFR268.2 Code
of Federal Regulations 40CFR268.3 US
Code Title 31 Section 3729 MASSACHUSETTS GENERAL LAWS MGL Chapter 143 Section 94 MGL Chapter 264 Section 11 MGL Chapter 265 Section 13A MGL Chapter 265 Section 14 MGL Chapter 265 Section 28 MGL Chapter 265 Section 29 MGL Chapter 265 Section 37 MGL Chapter 265 Section 43A MGL
Chapter 40 Section 21 MGL
Chapter 111 Section 2C MGL
Chapter 270 Section 16 MGL Chapter 12 Section 5B MASSACHUSETTS TITLE V LAWS MA
DEP Title 5 - 310 CMR Section 15.240 MA
DEP Title 5 - 310 CMR Section 15.255 MA
DEP Title 5 - 310 CMR Section 15.504 MA
DEP Title 5 - 310 CMR Section 19.014 MA
DEP Title 5 - 310 CMR Section 32.11 MA
DEP Title 5 - 310 CMR Section 15.024 MA
DEP Title 5 - 310 CMR Section 15.211 CONSTITUTION OF THE COMMONWEALTH OF MASSACHUSETTS - Article X. "Each
individual of the society has a right to be protected by it in the enjoyment
of his life, liberty and property..." LOCAL LAWS
Town
of Ashburnham Solid Waste Regulations Town
of Ashburnham Solid Waste Regulations Town
of Ashburnham By-Laws XI Section 14 |
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TIMELINE OF EVENTS • 1954 - Boutwells purchased the site • 4-10-66 Three 2000 gal USTs installed, single wall steel tanks • 1980 Peterborough Oil purchased Wilson Oil, became owners of the underground storage tanks. Peterborough Oil continued petroleum delivery until 1989, and again from 1991 until Boutwells closed in August 2004 • 11-27-89 Underground storage tanks on the Boutwell's Garage property were removed. Sediment samples had levels up to 280 PPM of VOCs. |
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• 1-16-90
Hidell-Eyster Technical Services report relating to UST removal "...the
extent of VOC sediment or groundwater contamination is uncertain..." Download Hidell-Eyster Technical Services report done for Peterborough Oil Company, Inc. |
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• 3-19-90
Hidell-Eyster Technical Services Phase I Investigation, benzene was
located in monitoring well B-4 at 34 PPB in groundwater. "The monitoring
wells be sampled again in approximately three months..." Download site assessment done for Peterborough Oil Company, Inc. |
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• 10-5-91 Two 8000 gal USTs installed, double wall steel tanks, installed and owned by Boutwell
• 2-14-97 Neighbor across from the gas station (Testa, 76 Fitchburg Road) tested 38.3 PPB for Benzene
• 10-6-97
Nashoba letter to Boutwells "The gas tanks for the garage were
removed some time ago and I believe a twenty-one E (21E) study was done
one the property. I spoke with the Fire Chief about the removal and
he stated there was no problem but did not have any thing on file. I
would like to get a copy of the report(s) done to try and determine
where the contamination may be originating."
| 1 |
1995-1997 HOUSING VIOLATIONS AT 57 FITCHBURG ROAD, ASHBURNHAM, MA
• 7-31-95 Jim Garreffi, Nashoba BOH sent a copy to the Ashburnham Board of Health, and a Certified letter to Wesley Price, signed received 8-3-95 by Phyllis Price, regarding the "Housing Violation(s) at 57 Fitchburg Road, Ashburnham, MA." "In accordance with ...State Sanitary Code...an inspection was made...by Bernard Sullivan, R.S., C.H.O., of this office on 7 July 1995." "You are hereby ordered to correct...within thirty (30) days...ordered not to let for occupancy...410.300 Sanitary Drainage System Required...sewage disposal system was found...in violation of Title 5."
• 6-6-96 Jim Garreffi, Nashoba BOH letter to Price "...nothing permanent has been done to correct the problem. This office is still receiving complaints about the property." "...I will request to the Board of Health, at their next scheduled meeting, that the matter be referred to the Fitchburg Housing Court. This is a serious matter that must be addressed immediately."
• 11-10-97 Jim Garreffi, Nashoba BOH handwritten notation on 6-6-96 letter "11/10/97 Spoke to Wes - Wanted to use dwelling as a house - I told him not until system is fixed can the property be occupied. JAG"
• 5-12-98
Benzene 38.3 PPB in well (Testa, 76 Fitchburg Road). "She had the
BOH take sample. They said there was nothing they could do."
| 1 | 2 | 3 | 4 |
• 5-13-98
Jim Garreffi, Nashoba BOH, "They are aware of the site and water
quality..told the property owner back in 1997 that there was nothing
the BOH could do. There were no leaks or reported releases from the
gas station across the street." DEP's numerous calls to Garreffi:
5-19-98, 5-27-98
| 1 | 2 | 3 |
• 5-28-98
DEP requested BOH retest Testa well. Jim Garreffi stated,"Nashoba
BOH would not pay for the cost. This cost is entirely the problem of
the homeowner, and the NABOH could not make any exceptions - it's their
policy. I (DEP) told Mr. Garreffi that this did
not seem to be in the best interest of the public health..."
"...new well came back..clean..he did not know why but if this
gas station was the source of the contamination then this well should
have been extremely contaminated."
| 1 | 2 |
• 6-9-98
DEP field inspection "I asked Mr. Boutwell how he thought contamination
had gotten into Testa's well. He thought it was due to bulldozer used
by previous owner of Testa property.
| 1 |
• 6-10-98
DEP called Fire Chief Paul Zbikowski "The Chief confirmed that
the heavy machinery and oil delivery trucks located behind Boutwell's
Garage belong to Bill's Sewer Service."
| 1 |
• 6-10-98
DEP called Kevin Lashua, owner of Bill's Sewer Service "Mr. Boutwell's
test well was hot - contaminated. He then stated that the former owner
of Ms. Testa property used to pull apart machines and clean them on
the property."
| 1 | 2 |
• 6-11-98
DEP spoke with Mr. Boutwell "He was not going to let DEP take the
(Hidell-Eyster) report...Peterborough Oil was involved with the site,
too"
| 1 | 2 | 3 |
• 7-9-98
Remove Ms. Charlene Testa as responsible party, change to Mr. Richard
Boutwell, Boutwell's Garage and Peterborough Oil Company, Inc.
| 1 |
• 7-16-98 Benzene and MTBE detected from drinking water at Boutwell and Lashua properties
• 7-23-98
DEP was notified by Handex of 44.4 PPB Benzene in well (Testa, 76 Fitchburg
Road) and 36.2 PPB Benzene at Boutwell's Garage (73 Fitchburg Road)
| 1 | 2 |
• 8-5-98
DEP issued NOR to Boutwell and Peterborough Oil, a copy of the notice
also sent to the Ashburnham Selectmen, Ashburnham Board of Health, Nashoba
Board of Health, regarding the impacted properties: 73 (Boutwell's Garage
and apartment), 76 (Testa), and 79 (Lashua) Fitchburg Rd. "According
to Ms. Testa, she and her husband were advised by the Nashoba Board
of Health in February 1997, not to inform the Department of this matter
because nothing could be done about the contamination in their well
and there was no likely source for the contamination." "You
must... conduct an assessment and testing of private wells within 500
feet of the site to determine if other IRA conditions exist and if other
wells within 500 feet of the site have been impacted."
| 1 | 2 | 3 | 4 | 5 | 6 |
• 9-9-98 IRA plan by DEP - public notification
• 10-7-98
Handex (LSP) letter to DEP says verbal approval was granted to sample
wells at 52 (Hertel,Therrien), 57 (Price-sold to Adams), 71 (no listing),
with ongoing efforts to contact 62 (Doug Cormier), 66 (Hautala-sold
to Martin/Burke)
| 1 |
• 10-8-98
DEP received an inquiry about work being done at the site. DEP contacted
Handex. Boutwells upgrade fuel tanks and island, installing a canopy,
replace existing piping
| 1 |
• 10-16-98
Handex (IRA 12-15-98) says in cases where residents could not be reached
by phone, letters were written informing them of the need for the collection
of a sample of their drinking water. (ug/l) Samples take from:
#52 (Hertel,Therrien) result ND
#63 (Boutwell residence) result ND
#66 (Hautala to Martin/Burke) result ND
#73 (Boutwell Garage) 2.5 benzene, 6.2 mtbe
#76 (Testa) 33.1 benzene, 21.2 mtbe, 1.3 toluene, 6.6 xylenes
#79 (Lashua) 26.6 benzene, 15.8 mtbe, 1.3 toluene, 1.3 xylenes #62 (Doug
Cormier) No contact
#57 (Price to Adams) In addition, Mr. Wesley Price was contacted and
subsequently granted Handex permission to sample the well water at his
residence at 57 Fitchburg Road, Lot 24. Prior to sampling the well at
this location, Handex was informed that the well pump was inoperable
due to its inactivity, and that it would not be possible to collect
a sample from the well at that time.
• 10-8-98
Call to DEP from Mike Testa "..as a Government Agency DEP was not
doing their jobs"
| 1 | 2 | 3 | 4 |
• 5-12-99 Phase I initial site investigation
• 8-19-99 Phase II comprehensive site assessment, evaluate other receptors in site vicinity, need to sample additional wells "Residential drinking water wells within a 500-ft radius of the Site are set in bedrock." "...migration of OHM through bedrock groundwater into drinking water wells is a confirmed pathway..."
• 8-27-99 Boutwell notice of permit effective dates 8/31/99 thru 8/31/04 Tier 1C Permit W005467, RTN 2-12222
1999 ADAMS PURCHASE 57 FITCHBURG ROAD, ASHBURNHAM, MA
• 8-17-99 Terri Adams letter from Building Commissioner George A. DiSaia "I have determined that the home business Precision Arts Advertising, Inc. proposed by you at 57 Fitchburg Road is allowed under the Ashburnham Zoning ByLaws."
• 12-3-99 Wayne and Terri Adams with 14 and 2 yr old daughters purchase our first home at 57 Fitchburg Road, Ashburnham, MA 01430, and 1850's colonial with +/- 44 acres land on State Rt. 12, FHA loan. Boutwell's Garage is the Citgo station, which abuts our property, and Lashua property also abuts.
2000 SEPTIC SYSTEM PROBLEMS AT 57 FITCHBURG ROAD, ASHBURNHAM, MA
• 4-18-00 Wayne & Terri met with James Garreffi at Ashby Town Hall, and presented a list of concerns to him.
• 5-16-00
Jim Garreffi of Nashoba Associated Boards of Health supervised excavation
of inappropriate fill material in the sewage disposal system. Those
present were Wayne and Terri Adams, former owner Wes Price, Terri's
parents Pat and Bob Thomas, and neighbor Patricia Matson. Wes Price
letter "...excavated fill had bricks, concrete, concrete blocks, rubber,
crushed 30-gallon oil container, glass, construction debris, and material
that was taken from another septic system that was foul-smelling." Shots
from video showing Jim
Garreffi (taking photos) Nashoba Associated Boards of Health supervised
excavation of inappropriate fill material in the sewage disposal system:
bricks, concrete, concrete blocks, rubber, crushed
metal drum, glass, construction debris, and material that was taken
from another septic system that was foul-smelling
| 1 | 2 | 3 | 4 | 5 |
• 5-23-00
Nashoba wrote Kevin Lashua a letter requesting unacceptable fill material
be removed.
| 1 |
• 6-1-00
Fax Letter (not sent) from Wes Price to James Garreffi "On 5-3-00
you stated that Kevin Lashua planned to remove the contaminated fill
at 57 Fitchburg Road on Tuesday 6-6-00...I..was disturbed to hear that
no communication has occurred between you or Kevin Lashua and the Adams'
since 5-25-00, the date your letter was written to Kevin Lashua."
| 1 |
• 6-5-00
BOH Meeting #1 - Terri and Wayne Adams, also Wes and Phyllis Price met
with members of the Town of Ashburnham Board of Health regarding sewage
disposal system.
| 1 | 2 | 3 | 4 | 5 | 6 |
• 6-7-00 Nashoba wrote Kevin Lashua a letter requesting work completed within two weeks.
• 6-20-00 David Boyer from DEP called Terri, and stated that Nashoba has primary jurisdiction. David said that if we had a breakout, DEP would enforce "stop immediately" and it could be at our expense. David said that it sounded as if the contractor did not finish the job, improperly graded, not protected against erosion.
• 10-1-00
Town of Ashburnham Board of Health received a letter from neighbor Patricia
Matson "...very concerned that the runoff from an improperly installed
septic system, which is not the fault of the Adams', will not only affect
my property, but the environment into which this runoff continues."
| 1 |
• 10-2-00 Meeting with the closing attorney Vincent CampoBasso who represented First Union Mortgage Corporation at his 3 Park Street, Leominster, MA office to discuss issues surrounding the septic system. At that time we requested a copy of the hazardous material disclosure signed by the sellers, Wesley and Phyllis Price. We were told that the disclosure was not in the file.
• 10-4-00 Wayne and Terri stopped by Nashoba and met with Walter Murphy, Director, who heard we were stopping back and waited for us for two hours. We showed Walter photos of the property, and informed him that DEP would be at 57 Fitchburg Road tomorrow, and invited him to come by. Walter said it was the first he heard of this issue.
• 10-5-00 Terri called Phil Nadeau at DEP at 11:00, David Boyer's boss. Phil said David had the meeting at 57 Fitchburg Road on his calendar for 9:30. Phil said he heard a little bit about our situation.
• 10-5-00
Massachusetts DEP met at 57 Fitchburg Road, Ashburnham. Dave Boyer of
DEP stated that the system is not compliant with Title V due to the
erosion. John Ostroski was new at DEP. Susan Landau, Environmental Enforcement
said "she will likely bow out after this".
| 1 |
• 10-6-00
I requested of Nashoba a list of sewage system installations for 1999
and 2000 done by Kevin Lashua. Walter C. Murphy, Director, replied "We
do not have any such list."
| 1 |
• 10-20-00 Aerial photo of Adams 57 Fitchburg Road, Ashburnham, MA, Worcester County
• 10-30-00
Massachusetts DEP wrote a letter stating that primary jurisdiction lies
with local officials, and concurs with Nashoba's letter dated 5-23-00.
"Some excavated material from a prior exploratory hole included...a
rusted metal item that may have possibly been a container." "Based upon
the Department's visual observations, there
did not appear to be material deposited on the site that would constitute
a public health hazard."
| 1 | 2 |
• 10-30-00 Terri Adams wrote a letter to EPA concerning the sewage disposal system and the state drain.
• 10-30-00 Terri Adams wrote a letter to HUD concerning the sewage disposal system and the state drain.
• 11-6-00
BOH Meeting #2 - Wayne and Terri Adams, with attorney Michael Bowser,
Jr. met with members of the Town of Ashburnham Board of Health regarding
sewage disposal system. "The DEP observed that no surface materials
posed a health hazard" "The Board discussed notice received from
Walter Murphy regarding the transition of assignment for Jim Garreffi..."
| 1 | 2 |
• 11-9-00
Nashoba issued an order to Kevin Lashua to complete the work noted in
Nashoba letter dated 5-23-00 and DEP letter dated 10-30-00. "The Board's
position is that the system currently installed at 57 Fitchburg Road
needs to be in compliance with Title 5." "You told the Board you are
not willing to do so at this point."
| 1 |
• 11-17-00 Phone conversation between Terri Adams and Jim Garreffi of Nashoba Terri asked Jim for followup. Jim said 12-4-00 is the next meeting for the Ashburnham Board of Health, and the Board will decide if the order stands or not. Jim stated that his position is that the fill materials were from an old leaching area from someplace else, and Kevin is a licensed Hauler through Nashoba, required to submit records of pumping to either Nashoba or Ashburnham Board of Health, and was unsure who would maintain the records, and would assume that as a DEP Title V Inspector, Kevin Lashua would be more knowledgeable.
• 11-20-00 Phone conversation between Terri Adams and John Ostrosky of DEP Terri asked John about setback location to the state drain, and John stated that a variance was never applied for, appears to be negligent from Whitman. Call Jim at Nashoba and try to get Jim to enforce any actions. Terri asked John if it is DEP's opinion that the system is in compliance with Title V, and John stated that Nashoba has to be that judge. Terri asked John about future liability, and John stated that Whitman or Nashoba should document the location of the drain to have on file to cover us, and Nashoba will then recognize the drain is cutting off ground water.
• 11-20-00
Terri Adams received a letter from the Ashburnham Board of Selectmen
who would not schedule a meeting. Katie Nunez's letter stated "At this time, the Board of Health has jurisdiction over this matter."
| 1 | 2 |
• 11-22-00 phone conversation between Terri Adams and Jim Garreffi of Nashoba Jim stated "It is my position that the system is not failing. It is my position that at this point the system is not Title V compliant."
• 12-4-00
BOH Meeting #3- Wayne and Terri Adams met with member of the Ashburnham
Board of Health Jim Garreffi said that Kevin should have had the work
done by 11-30-00. Jim and Kevin agreed to remove the unacceptable fill
on 12-12-00.
| 1 | 2 | 3 |
• 12-7-00
Certificate of Compliance is rescinded. "Testing was conducted
in May of 2000 and confirmed the presence of unacceptable material."
| 1 | 2 |
• 12-11-00 Terri and Wayne Adams met with and presented a letter in hand to Ashburnham Police Chief John Murray, Jr. requesting action of by-law violations.
• 12-12-00 thru 12-13-00 Kevin Lashua excavated approximately 1/4 of the sewage disposal system. Shots from video showing Jim Garreffi and Mark Carlisle, Ashburnham Board of Health Chairman at 57 Fitchburg Road sewage disposal system First load taken to Lashua pit on Rt 12 Winchendon Road, Driver Ken Malo asking us to leave, Emptied truck after dumping first load at Lashua pit.
• 12-13-00
Ashburnham Police Chief John Murray, Jr. would not file a criminal complaint
of by-law violations.
| 1 |
2001 SEPTIC SYSTEM PROBLEMS AT 57 FITCHBURG ROAD, ASHBURNHAM, MA
• 1-2-01
James Garreffi letter to DEP "The plan provided and approved for
this site included a note to loam and seed all disturbed areas. Since
there is nothing in Title 5 that requires the area to be loamed and
seeded..we have found the systems to be in compliance as long as the
designer has certified (the system)...We assume the note reflects the
designer's preference and if they accept (by way of certifying) they
system as constructed..a Certificate...can be issued."
| 1 |
• 1-23-01
DEP letter to James Garreffi "It is the Department's position that
the design engineer...must approve any significant modifications to
a design..as long as as-builts showing these modifications were submitted
to the Board prior to issuance of the Certificate.
| 1 | 2 |
• 2-15-01 W.E. Kuriger Associates, Environmental Scientist, determined the material sampled from 12-12-00 contained fecal coliform bacteria.
• 2-20-01 Terri Adams wrote a letter to EPA concerning the sewage disposal system and the state drain, referencing the 10-30-00 letter with no response.
• 2-20-01 Terri Adams wrote a letter to HUD concerning the sewage disposal system and the state drain, referencing the 10-30-00 letter with no response.
• 3-1-01
James Garreffi letter to Wes Price "On 7 December 2000 this office
sent the current property owner a letter informing them..the sewage
disposal system service this property was not incompliance with Title
5."
| 1 |
• 3-7-01
EPA letter saying to resolve complaint with the Nashoba Associated Boards
of Health
| 1 |
• 3-22-01 Met with the mortgage broker Tom Rossi, president of Gibraltar Mortgage Company, at his office at 61 Main Street, Leominster, MA. We discussed our distress about the septic system issue, and was told by Mr. Rossi "I'm no lawyer so I can't offer legal advice, but I would leave the keys in the door and walk away."
• 5-4-01 Bill Kuriger tested water seeping into state drain
• 5-17-01 Bill Kuriger tested kitchen drinking water
• 6-5-01 Ashburnham Board of Health wrote Terri and Wayne a letter stating that it is our responsibility to have a certificate of compliance
• 6-12-01 Attorney Robert D'Auria wrote a letter to Town of Ashburnham Board of Health informing them that they have been retained by the Adams' in early January 2001.
• 6-14-01 Attorney Coursey met at 57 Fitchburg Road with Jack Maloney from Whitman
• 7-11-01 Jason from Bill Kuriger tested the air which was 19.1% oxygen outside home
• 7-12-01 Patricia Matson wrote a letter describing dead animal odor
• 7-12-01 Jason from Bill Kuriger tested the air which was 20.6% oxygen in home, 1% LEL 7-13-01 Terri rented equipment to test air and took seven readings which ranged 20.5%-20.9% oxygen in home, 19.4%-20.5% oxygen in the outside PVC pipe
• 7-23-01 Jason from Bill Kuriger tested the air which was positive for natural gas
• 7-24-01 Wayne and Terri spoke with Ed Ligus, Draeger tube manufacturer, and Ed said the tube reaction is likely caused by benzene.
• 7-24-01 Wayne spoke with Shawn Adamet from OSHA in Methuen 617-565-8110, and told Shawn the Oxygen levels showed 19.1% around and inside the home, and in two PVC drain pipes located 17' under the system open to the state drain showed levels as low as 16.2%. Shawn said OSHA standards are 19.5% for oxygen, and when levels drop below that OSHA would immediately shut down a business, but OSHA regulates businesses employing over 10 people.
• 7-25-01 Terri rented equipment to test air and took six readings which ranged 19.6%-21.0% oxygen and 1 LEL in home, 16.1%-19.5% oxygen and 0.1VOC in the outside PVC pipe
• 7-26-01 Terri took six readings which ranged 20.6%-20.7% oxygen and 0.1VOC in home 7-26-01 Terri Adams was contacted by Ed Ligus via email. Ed said the reading could be caused by hexane or octane, or and aromatic like benzene or toluene
• 7-27-01 Terri took six readings which ranged 20.6%-20.8% oxygen in home, 20.3%-20.6% oxygen in the outside PVC pipe
• 7-27-01
Terri faxed Attorney Coursey the information from Ed Ligus
• 7-27-01
Terri took one reading which ranged 20.6%-20.7% oxygen in home
• 7-30-01 Terri took two readings which ranged 20.6%-20.7% oxygen and 0.1VOC in home
• 7-31-01 Called Marianne Berkowicz EPA 617-624-5757 indoor air unit, Mike Feeney is Indoor Air Chief
• 8-1-01 Marianne Berkowicz says they won't be coming today, need to do background investigation.
• 8-1-01 Howard Wensley of Department of Public Health wrote a letter to Terri requesting a copy of the consultant's report
• 8-3-01
Nashoba issues a replacement Certificate of Compliance.
| 1 | 2 |
• 8-7-01 Ashburnham Conservation Commission members came to 57 Fitchburg Road and met with Terri and Wayne, and stated that it was not a wetlands. Members Art Johanningsmeier, Tim Driskell, Gary Howland, Sue Moore. (Jane Erickson - Erickson Firemen's Fund did not come - Gordon Erickson's widow, he died of cancer and lived across the street in the home sold to Patti Matson.)
• 9-5-01
Building Inspector Michael Gallant "It has come to the attention
of the Building Department Office that you may be operating a repair
shop...you are therefore required to cease and desist all operations
immediately"
| 1 |
• 9-19-01 A lawsuit was filed on our behalf by the private attorney we hired, Robert H. DÕAuria, 41 North Road, Ste 205, Bedford, MA in Worcester Superior Court #WOCV2001-1989B. Plaintiffs Wayne & Terri Adams vs. Wesley & Price, Kevin Lashua & BillÕs Sewer Service (septic installer), and Steven Whitman & Whitman & Bingham Associates (engineer).
• 9-20-01
My clients are not operating a repair shop.
| 1 |
• 9-21-01 Terri faxed Attorney Coursey notes regarding her phone conversation with Howard Wensley, where he said the documentation is inconclusive. 9-21-01 Howard Wensley, DPH called and said test results from Kuriger are inconclusive. Suggests we contact plumbing inspector for Ashburnham to see if house is properly vented. Also call Fire Dept. to see if there are any gas station or underground oil tanks are in the area leaking.
• 10-4-01
Howard Wensley DPH there is no information to indicate a problem, and
to take this up with the Ashburnham Board of Health.
| 1 |
• 12-17-01
NON-CE-01-3098 Class II Violation failure to evaluate was issued to
Boutwell/Peterborough. At least 2 wells (#57 Adams, #62 Doug Cormier)
had never been tested.
| 1 | 2 | 3 | 4 | 5 |
• 1-12-02 Handex employee Dino DellaChiaie tested our drinking water for VOCs, testing for benzene, which was found present at Boutwell's Garage, and on the property of Mike Testa and Kevin Lashua. Our test came back ND.
• 2-4-02 Phase II comprehensive site assessment.
• 1-8-03 John Bailey of Handex informed us that the water test of our drinking water well showed positive 6.5 PPB MTBE.
• 1-15-03
NON-CE-03-3006 failure to meet response action deadlines (Phase II CSA
more than 5 months late, Phase III RAP & Phase IV RIP not received),
Phase III RAP received 2/03 and Phase IV RIP received 12/04
| 1 | 2 | 3 | 4 |
• 1-16-03 Handex water test of our drinking water well showed positive 6.0 PPB MTBE A NOR was issued to BoutwellÕs Garage (neighboring property) and Peterborough Oil Company.
• 1-20-03 6.0 PPB MTBE, Handex said call Bob Dunn of DEP if need more info
• 1-22-03 Phase III Remedial Alternatives Analysis Report
• 2-5-03 Handex did a general quality water test to determine if surface water was contaminating our drinking water, results did not indicate that to be the problem.
• 2-10-03 Charlie and Roger of Handex installed point-of-entry GAC, 9:00-1:30
• 2-28-03
Called Homeside Lending customer service, Jim Fingleton said send copy
of info to them
• 3-10-03
Handex water test of our drinking water well
• 2-18-03 Jeff Curtis at Handex was at Boutwell's yesterday, levels MTBE of 700, they swore no one lives upstairs.
• 3-10-03 Called Jeff Curtis regarding gas odor in shower last night.
• 3-28-03 Jeff Curtis said recent tests show us ND for MTBE, 4.17 for MTBE, and 690 or so for prior test at Boutwell, so test results are not conclusive
• 4-18-03
NON-CE-03-3092 failure to submit RNF (Release Notification Form) for
SRM (substantial release migration to Adams #57) due 3-17-03
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
• 5-3-03 Ran into Senator Brewer in front of town hall, who was auditing the new town moderator at the Town Meeting. He asked us to send him info, not too long, regarding health concerns we have.
• 5-4-03 Ran into Ron, who works at Boutwell's. He's been living upstairs at the gas station for 3 years and pays $70/week including heat and electricity.
• 5-5-03 Bob Dunn at DEP said he's been involved in this case for 3-4 months. He's not sure about the new reporting 700 PPB MTBE, ask LSP
• 5-6-03 Requested a copy of the hazardous material disclosure document, signed by Wesley & Phillis Price, and received a letter from attorney Vincent CampoBasso stating "...I have never heard of the Hazardous Material Disclosure document that you are referring to."
• 5-8-03 Jeff Barnes said Jeff Curtis left Handex 1 month ago. This is a priority site to him.
• 5-9-03 Handex is using Alpha, because they have gas chromatography testing; GeoLabs had PID only, 6 samples taken by Dave Douglas
• 6-3-03 John Bailey Handex, Boutwell 410 Jan, 640 Feb, 370 Apr, 380 May - probably overlooked March
• 6-15-03 Boutwell leased gas station property to Thomas P. Loomis, 22 Scenic Drive, Westminster, MA (son in law)
• 6-16-03 Dan Hannon at DEP called regarding reponse to Senator Brewer's letter. Most sites end up being resolved with town water.
• 7-9-03 Kirsten from Senator Brewer's office said she will call back to set up an appointment for us to meet with him.
• 9-11-03 Release of 750 PPB mtbe in influent (Boutwell #73) according to Phase IV report
• 9-16-03 Requested water bubbler from Handex
• 10-8-03 Kate at Senator Brewer's office said we should contact Board of Selectman if we think there's more problems
• 12-31-03 Phase IV Remedy Implementation Plan "...a potential critical exposure pathway (CEP) per 310 CMR 40.0006 of the MCP." (Adams #57)
2003 AIR QUALITY ISSUES AT THE FIRE STATION BY ASHBURNHAM HARDWARE
• 7-25-03 Fire Chief Zbikowski said carbon is supposed to be 20,000 PPM, and now it's over 400,000 PPM in air at fire station
• 7-30-03 Air quality is no imminent threat to the health of anyone working in the central fire station
• 8-13-03 Fire Dept. employees should be relocated no later than October because of problems with air quality at the fire station, the Board of Health voted recently.
• 9-3-03 Selectmen have told the fire chief to obtain an office trailer for at least 6 months. Report recommends offices not be occupied for extended periods of time due to high levels.
2003 ADAMS REPORT U.S. MAIL TAMPERING
• 12-31-03
Called US postal service mail tampering #OR12408264
2004
• 2-4-04 At 10:05 a.m. I spoke with Denise Child, Branch Permits Chief said Boutwells has no DEP site manager. She will send a NON-enforcement letter if Boutwells goes beyond the August cleanup deadline. She will look into the private well testing and the residence at the gas station. She will see if there were any non compliance issues surround the 750 reading (After reviewing DEP files on 1-27-04, in Phase IV RIP 12-31-03 I found a 750 PPB MTBE reading from influent drinking water test taken 9-11-03 from gas station) .
• 2-4-04 According to DEP records, an Email by Denise Child, Branch Chief, DEP, "...concentrations of MTBE have gone from concentrations mostly less than 100 ppb from 1998-2001, to concentrations consistently increasing from 200-700 in 2002-2003."
• 2-4-04 RTN# 2-0015112 Reporting Category: 2 hour, 810 PPB mtbe (Boutwell #73)
• 2-5-04
DEP "..requested that they inform DEP when the testing (tanks)
will take place..before 2/13/04"
| 1 |
• 2-5-04,
DEP RTU#2-15115 two more homes were impacted, Reporting Category: 72
hour Release at Release at Dupuis 46 Fitchburg Road 0.5 PPB MTBE. 2-19-04
new release at Doug Cormier, 62 Fitchburg Road 0.58 PPB MTBE
| 1 | 2 | 3 | 4 |
• 2-10-04
DEP call from Handex "They are requesting not to test the tanks.
I questioned him why didn't the Fire Department have these results?...DEP
is denying their request not to test. Property was transferred to Tom
Loomis.
| 1 |
• 2-11-04 Notice of Responsibility letter from Denise Child at DEP, dated 2-11-04 she describes actions undertaken to date. "Since 2002, gasoline constituent concentrations in private wells at and near the site have increased dramatically, resulting in notification of new conditions including a release that may pose an Imminent Hazard (private well contamination greater than ten times the reportable concentration) and Substantial Release Migration conditions." In the 3-26-04 letter from Nicholas J. Child, Branch Chief, Emergency Response, Bureau of Waste Site Cleanup he states "On February 4, 2004...a release MTBE, which poses or could pose an imminent hazard, exists at the above-referenced property...(810 parts per billion) the drinking water standard (70 parts per billion) MTBE."
• 2-19-04
Handex call to DEP "...62 Fitchburg Rd, owned by Doug Cormier. MTBE was detected...They had previously notified of an SRM condition for MTBE in a private well at 46 Fitchburg Road...on February 5, 2004."
| 1 |
• 3-8-04
DEP call to Handex, "...continuing with the sampling of all private
wells within 500 feet of the Site."
| 1 |
• 3-16-04
DEP "...call from Mr. Bob Carter a residence at 42 Fitchburg Road.
Mr. Carter wanted to know why his well has not been tested and all of
his neighbors were?"
| 1 |
• 3-23-04
I called DEP and asked why someone is living above the Boutwell's Garage.
DEP contacted LSP "He has spoken to the Boutwell's Lawyer who assured
him no one was living above the garage.
| 1 | 2 |
• 3-24-04
Wayne called DEP at 8:25 a.m. "...a family is living over the garage
with a little girl and no one cares about her". DEP called LSP at 9:25 a.m. "The Lawyer for the Boutwells' is willing
to submit a letter to DEP that there is no one living above the garage.
At 4:10 p.m. the LSP called DEP "...there is someone living above
the garage, a man and his young daughter."
| 1 | 2 | 3 |
• 3-25-04, I received 10 signatures on a petition representing the residents of Fitchburg Road (State Route 12) in Ashburnham, MA, who are potentially affected by the tier Hazardous Material disposal site. We requested the responsible parties conducting the response action to designate this site as a PIP (Public Involvement Plan) site
• 3-26-04 NOR to Richard & Paula Boutwell #63 for 2-5-04 SRM (substantial release migration) for .5 PPB in private well (#46 Dupuis) RTN#2-15115
• 4-8-04, according to the Boutwell's Attorney Noel Bartsch, Esq. (435-455 Main Street, Suite 2560, P.O. Box 7581, Fitchburg, MA 01420, Cel Phone 978-618-5780, Fax 978-779-2916) all the petitioners except us and Mike Testa have provided the Boutwells with written requests that their names be removed from the petition, and before I consider my options they hope we will attend a meeting at the Stevens Public Library in Ashburnham at 7:00PM on Thursday April 15, 2004. At that time the Boutwell's environmental consultant will be present to discuss the history and activity surrounding the site.
• 4-12-04
DEP asked LSP "...if the occupants were still living there? He
stated they moved out last weekend, the place is vacant."
| 1 |
• 4-14-04
DEP RTN#2-15199 "Analytical results taken as part of the IH Evaluation
indicated exceedence of ELCR of 5.5E-05 for the Testa's house and 5.1E-05
for the apartment above the Boutwell's Garage. They used the Method
III Risk Assessment and were slightly below, however when they used
the DEP short form they were over RQ.
| 1 | 2 | 3 | 4 |
• 4-15-04
The 1st Public Meeting was held at our request with the former
lab and attorney (Handex Lab and Attorney Bartsch) to address our concerns;
shortly thereafter the lab and attorney were fired by the Boutwells.
Two of the points I made were as follows:
(1) There are several Non-Compliance notifications, including:
12-17-01 NON-CE-01-3098 Class II Violation failure to evaluate for an
immediate response action
1-15-03 NON-CE-03-3006 failure to meet response action deadlines
4-18-03 NON-CE-03-3092 failure to submit RNF (Release Notification Form)
for SRM (substantial release migration)
Do you intend to achieve a condition of no significant risk by the end
of August? On 8-3-04 I received a letter from Ducharme & Wheeler stating
..."A condition of no significant risk will not be achieved at the site
by August 31, 2004..."
(2) According to
Handex documents from July 1998 through October 2003, over that 5-year
period there has been an MTBE indication AFTER the POE treatment system
in the effluent:
1 time at Lashua
3 times at Testa
13 times at the Boutwell Garage, including a result of 143 ppb, and
a result of 4.17 as recent as March 2003.
Are you willing to provide a written guarantee of safety using the POE
treatment systems currently installed?
• 4-19-04, Handex deemed the Boutwell site as an IMMINENT HAZARD. In their letter to DEP: "Based on the recent detection of petroleum hydrocarbon constituents in private drinking water wells and indoor air at the disposal site and at certain residential properties in the vicinity of the site, a Critical Exposure Pathway (CEP) and Condition of SRM (Substantial Release Migration) are present at the disposal site. As such, the Imminent Hazard evaluation of human health for potential indoor air and drinking water exposure to compounds of concern for Boutwell's Garage and the Testa residence is presented herein." "....ELCR (Excess Lifetime Cancer Risks) for actual exposure to indoor air at the Boutwell's apartment and at the Testa residence is above the imminent Hazard level. Conclusions: An Imminent Hazard is present at the Testa residence and Boutwell's Garage because the ELCR is greater than 1x10-5 at both locations."
• 4-27-04 Handex was the consulting engineer hired on behalf of Mr. Richard Boutwell of BoutwellÕs Garage and Peterborough Oil Company of Leominster, MA on 8-12-98. EIGHT DAYS after the IH (Imminent Hazard) report, as of 4-27-04, Handex was no longer the Licensed Site Professional (LSP) of record for the site.
• 4-30-04
DEP "Message from Richard Cushing LSP with Ducharme & Wheeler.
They have been hired to replace Handex. ...Mr. Cushing stated that he
has questions about the 2 new SRM conditions and the IH conditions in
the Testa's House. The trigger on the Risk assessment form for IH conditions
could be from cigarette smoke." (I asked the Testa's, and Mrs.
Testa informed me that absolutely nobody smokes in the Testa home and
both her and her husband have asthma)
| 1 |
• 5-12-04
DEP contacted Mr. Cushing (LSP) from Ducharme & Wheeler "They
- Testa's have refused to let them in."
| 1 |
• 5-13-04
DEP call from LSP Ducharme & Wheeler "..Lashuas and Testas
are making it extremely hard to proceed."
| 1 |
• 5-17-04
DEP call from LSP (RE: 750 PPB MTBE reading at Boutwells Garage) "...client's
attorney was told on February 5, 2004 by Handex...samples were collected
on September 11, 2003...Handex sent status report to the PRP (Boutwell)
on December 22, 2003. DEP call from Kevin Lashua "He felt like
they (Ducharme & Wheeler) were threatening and forcing him to let
them on his property." "...Ducharme & Wheeler should not
be trying to strong arm him with demands."
| 1 | 2 |
• 5-18-04
Notice of responsibility DEP was notified 4-14-04 that a condition that
could pose an imminent hazard..Excess Lifetime Cancer Risk (ELCR) of
5.0 for indoor air inhalation for the apartment located above Boutwell's
Garage at 73 Fitchburg Road and ELCR 4.9 for the living area at 76 Fitchburg
Road (Testa)
| 1 | 2 | 3 | 4 | 5 |
• 6-2-04
DEP call from LSP. "...is not conclusive evidence of no IH conditions
on the inside apartment."
| 1 |
• 6-3-04 there was a reading of 740 PPB MTBE in monitoring well #16 at the Boutwell's Garage property.
• 6-17-04, there was a reading of 650 PPB MTBE in monitoring well #15 and 16,600 PPB MTBE in monitoring well #16; over 225x the Massachusetts drinking water standard.
• 7-1-04
DEP contacted LSP, spoke with Jennifer Berger about "the exclusion
of 1,2 butadiene from their AQ analysis. Ms. Berger state she was not
aware that this was excluded..."
| 1 |
• 7-26-04
Denise Child at DEP visited the site. Met with Mrs. Lashua "There
were several drums behind commercial building...an AST, approx. 500-1000
gallons...it was not very accessible. I told her that the LSP Richard
Cushing had stated there was anecdotal evidence of other contributing
sources. She said that the only thing she knew of would be either the
AST on her property, or possibly dumping of oil associated with Mr.
Adams working on cars at his property. She also mentioned that Mr. Adams
can be heard operating heavy equipment in the woods behind his house
at night, and that no one seems to know what he is doing back there."
| 1 | 2 |
• 8-3-04 I received a letter from Ducharme & Wheeler stating "The POE systems provided by Handex are designed to perform in a manner that delivers water that meets the Massachusetts Drinking Water Standard (310 CMR 22.00)...."
• 8-4-04
DEP call from Kevin Lashua, he was not tested for June and July and
has not received AQ data from April or May from Ducharme & Wheeler.
| 1 |
• 8-6-04
I submitted comments regarding the proposed two year extension through
8-31-06 of Tier 1C Permit W005467, RTN 2-1222, effective 8-31-99 thru
8-31-04.
Two of the comments I included were:
(1) According to The Health Effects Institute, "A Partnership of the
U.S. Environmental Protection Agency and Industry", their website located
at: http://www.healtheffects.org/Pubs/oxyprog.htm "It has been fairly well established that the first step in metabolizing
MTBE is oxidative demethylation, which yields formaldehyde and tert-butyl
alcohol (TBA)".
TBA Tertiary Butyl Alcohol
CAS Number: 75-65-0
Synonyms: tert-Butanol
2-methyl-2-propanol
TBA
t-butyl hydroxide
1,1-dimethylethanol
trimethylmethanol
(2) According to "A
Survey of State Experiences with MTBE Contamination at LUST Sites",
New England Interstate Water Pollution Control Commission (NEIWPCC)
document prepared by Ellen Frye, 781-861-2027, ENOSIS Environmental
Outreach Group, December 15, 2000, "Almost all of the states indicated
that average MTBE concentrations detected at receptors are in the 0-100
PPB range. Massachusetts responded in the 100-500 PPB range." Yet at
this location there continues to be influent MTBE readings which EXCEED
the 700 levels, over ten times the allowable limit.
• 8-6-04 Jen at Ducharme & Wheeler said Boutwell levels are over 700 PPB MtBE and they test the gas station weekly
• 8-13-04 Boutwell's Garage closed, yet the USTs remain underground. According to IRA Status Report #13 by Ducharme & Wheeler, Inc., (the new consulting engineers): "Mr. and Mrs. Boutwell were granted a temporary permit from the Town of Ashburnham Fire Department for keeping the on-site underground storage tanks in place through August 30, 2006"
• 8-31-04 Tier 1C 5-yr permit expired, received 2 year extension
• 10-13-04
DEP call from Kevin Lashua, he was not tested for the last 2 months
and analytical data he received indicates a break through in August.
"...told him they couldn't change out the carbon for a week."
| 1 |
• 10-14-04 There was 750 PPB MTBE on the influent of the drinking water tested at the Testa Property on 76 Fitchburg Road; over 10x the drinking water standard.
• 11-8-04 Terri called Mr. Wheeler at 10:27 asking about the 750 PPB MTBE reading at Testa property, which was included in the packet of information received on 11-4-04. Mr. Wheeler called Bill Phillips at DEP 1/2 hour later to report the reading.
• 11-8-04
Mr. Wheeler called DEP at 11:15 to report the 750. "Mr. Cushing
stated he did not review the results until this morning and decided
to call DEP. DEP questioned him about the date they received the analytical
data? Mr. Cushing stated they received the data on November 3, 2004
but they didn't look at it until today at 10:00 a.m." "DEP
informed him that we the Department could consider this a failure to
notify because you received the data a week ago."
| 1 | 2 | 3 | 4 |
• 11-9-04
Mr. Wheeler called DEP "..they do not agree there was a failure
to notify...Mr. Wheeler stated he would fight this issue if DEP pursues
enforcement actions against him."
| 1 |
• 11-9-04
Wayne called DEP "16,600 PPB MTBE in a monitoring well adjacent
to the underground storage tanks."
| 1 |
• 11-15-04 Selectmen meeting with Atty. Richard Sandman presenting information to join a consolidated lawsuit against the petroleum industry.
• 11-16-04
Letter from Fire Chief Zbikowski to Battalion Chief Robert Salo "I
would like you to assemble the local inspectors and boards for the purpose
of conducting an inspection of Mr. Adams' property, as I believe that
there may be an existing fire and/or life safety hazard."
| 1 |
• 11-18-04
DEP letter from Mary Gardner "The parties required to conduct the
work are the parties who hold the BWSC permit...Boutwell, d/b/a Boutwell's
Garage."
| 1 | 2 |
• 11-22-04
DEP letter received by Wayne "ER received a letter from Mr. Wayne
Adams requesting all information and a map that indicate the current
analytical data and 500' radius of sampling location outlined on the
maps. The letter was taken by the Section Chief for review." "...DEP
is requesting the above analytical data and a 500' radius of the sampling
location outlined on the maps." Ms. Roberge "... thought the
former consultant had already done this."
| 1 |
• 11-22-04
Three individuals showed up unannounced at my home stating that there
was a complaint received by someone and they were to search for hazardous
material at my home. When asked what kind of material, the answer was
"I don't know, whatever hazardous material." When asked who
make the complaint, again the answer was "I don't know." I
promptly requested these individuals to leave my home. Robert Salo,
Phillip Hagar, a board member on the Conservation Commission, wiring
inspector.
| 1 |
CONSTITUTION OF THE COMMONWEALTH OF MASSACHUSETTS -
Part the First: A Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts
Article XII. "No subject shall be held to answer for any...offence, until the same is fully...described to him...meet the witnesses against him face to face... And no subject shall be...deprived of his...privileges, put out of the protection of the law, ...or deprived of his life, liberty, or estate, but by the judgment of his peers, or the law of the land."
Article XIV. "Every subject has a right to be secure from all unreasonable searches...of...his house..."
• 11-22-04 Letter from Battalion Chief Robert Salo to Fire Chief Zbikowski "(Wayne) He stated he wanted in writing the name of the person making complaint regarding hazardous materials stored and/or dumped on his property."
• 11-30-04
Letter from Conservation "Chief Salo asked if the Conservation
Commission would be available for the onsite inspection..."
| 1 |
• 12-1-04 Wayne Adams wrote a letter to Selectmen stating "Yesterday my wife Terri received a call from Sylvia at the town hall stating the copy of the minutes were ready. Terri asked if we were all set for the next meeting, and Sylvia said she didn't recall receiving the letter of request." The request for the minutes was the same paper requesting the next meeting.
• 12-3-04 Katie Nunez letter stated "...the Town is working to assist the Boutwell's..."
• 12-9-04 Planning Board meeting discussing idea about developing land into subdivision to fund the water line, MacMillan said no.
• 12-16-04
Terri called DEP, DEP called Phil Wheeler "Writer had previously
contacted the consultant and requested they compile maps indicating
the up to date analytical data for each private well sampled and outline
a 500 foot radius around each well with an MTBE hit."
| 1 | 2 |
• 12-20-04
DEP contacted Phil Wheeler "The map is not what the Department
expected or requested." "Mike Bricher...is now the project
manager for this Site." "He informed DEP that 92 (Doug Cormier)
house has burned down."
| 1 |
2004 TOWN OF ASHBURNHAM INFORMATION
• 1-19-04 Sergeant Robert Brennan on paid administrative leave
• 1-27-04 Ashburnham Hardware Store burns, destroying a 149-year old historical downtonw building. Engineers declare Central Station structurally unsound after water run-off from the fire damaged the foundation, back wall, and possibly the roof.
• 2-6-04 The most recent environmental study of the Fire Dept.'s Central Station by Convino Environmental Associates recommended extensive renovation. The air quality study done before the fire was the second report.
• 8-2-04 Matson sells 54 Fitchburg Road to Leblancs for $190,000.
• 8-2004 Richard Wright sells 159 Fitchburg Road to Calvanos for $300,000.
• 9-11-04 Hardware store reopens
2004 FIRE DEPARTMENT ATTEMPTS ILLEGAL SEARCH OF ADAMS
Constitution of the Commonwealth of Massachusetts Part The First Article XIV. "Every subject has a right to be secure from all unreasonable searches...of...his house..."
• 11-16-04
Letter from Fire Chief Zbikowski to Battalion Chief Robert Salo "I
would like you to assemble the local inspectors and boards for the purpose
of conducting an inspection of Mr. Adams' property, as I believe that
there may be an existing fire and/or life safety hazard."
| 1 |
• 11-22-04 Three individuals showed up unannounced at my home stating that there was a complaint received by someone and they were to search for hazardous material at my home. When asked what kind of material, the answer was "I don't know, whatever hazardous material." When asked who make the complaint, again the answer was "I don't know." I promptly requested these individuals to leave my home. Robert Salo, Phillip Hagar, a board member on the Conservation Commission, wiring inspector.
• 11-22-04 Letter from Battalion Chief Robert Salo to Fire Chief Zbikowski "He (Wayne) stated he wanted in writing the name of the person making complaint regarding hazardous materials stored and/or dumped on his property."
• 11-30-04
Letter from Conservation "Chief Salo asked if the Conservation
Commission would be available for the onsite inspection...(on 11/22/04)"
| 1 |
• 12-1-04 Wayne Adams wrote a letter to Selectmen stating "Yesterday my wife Terri received a call from Sylvia at the town hall stating the copy of the minutes were ready. Terri asked if we were all set for the next meeting, and Sylvia said she didn't recall receiving the letter of request." The request for the minutes was the same paper requesting the next meeting.
• 5-19-05
PIP (Public Involvement Plan) report answers
Will there be public comment periods for reports concerning inspection
and monitoring...response: No
Why aren't aggressive remedial efforts being performed...response: Based
on the stabilization of site conditions and lack of a continuing source
of impact to groundwwater, aggressive remedial efforts are not viewed
to be warranted on-site.
How high are the levels...above or below average...response: Ducharme
& Wheeler is not aware of any statewide or nationwide studies that
describe what are the average levels of MTBE at disposal sites.
When did spillage occur...response: There is no
record of any "spillage" having occurred at or from
the site that has been located.
How much gasoline was sold, and how much has turned up missing...response:
The site operated as gasoline retail service station from 1966 to 2004.
There are no records indicating how many
gallons of gasoline were sold and no records of
any "missing" gasoline."
I request to review the gallon recepts...response: This request is denied.
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
• 1-7-05 Susan Melanson at Ducharme & Wheeler, the LSP for the Boutwell site, received request for PIP site.
• 2-5-05 Terri Adams wrote a letter to Philip Wheeler, the Sr. Project Manager of Boutwell's LSP Ducharme & Wheeler, "You were requested to inform ALL petitioners in writing whether or not this disposal site has been designated as a PIP site within 20 days of receipt of the petition. It has been nearly a month since the request was received by you, yet we have not heard anything from you regarding this matter. I demand that you comply with the law immediately."
• 3-4-05
Ducharme & Wheeler inform DEP 89 Fitchburg Road (Dumont) indicates 148 PPB MTBE in the private well. DEP requested
they sample all drinking water wells within a 500 foot radius of 89
Fitchburg Road."
| 1 |
• 3-30-05
The 2nd Public Meeting. Ducharme & Wheeler notes indicate
89 Fitchburg Road as 1.1 PPB MTBE; data indicates a decreasing trend;
permit from Ashburnham Fire Dept for UST system to be temporarily taken
out of service.
| 1 | 2 | 3 |
• 4-7-05
"Dear Mr & Mrs. Boutwell...On March 8, 2005 Ducharme &
Wheeler personnel responded to your observation of a surface run-off
sheen flowing southeasterly along Fitchburg Road...in front of your
property..." "please be advised that a potential source of
oil and/or hazardous material (OHM) may exist upgradient of Boutwell's
Garage." (Note: the southeastern view shows our house, Adams',
in the center of the photo!)
| 1 | 2 | 3 | 4 | 5 | 6 |
• 5-19-05
PIP (Public Involvement Plan) report answers
Will there be public comment periods for reports concerning inspection
and monitoring...response: No
Why aren't aggressive remedial efforts being performed...response: Based
on the stabilization of site conditions and lack of a continuing source
of impact to groundwater, aggressive remedial efforts are not viewed
to be warranted on-site.
How high are the levels...above or below average...response: Ducharme
& Wheeler is not aware of any statewide or nationwide studies that
describe what are the average levels of MTBE at disposal sites.
When did spillage occur...response: There is no
record of any "spillage" having occurred at or from
the site that has been located.
How much gasoline was sold, and how much has turned up missing...response:
The site operated as gasoline retail service station from 1966 to 2004.
There are no records indicating how many
gallons of gasoline were sold and no records of
any "missing" gasoline."
I request to review the gallon receipts...response: This request is
denied.
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
• 5-24-05
Senator Brewer "...I will continue to do anything within my powers
to help assist in the construction of a waterline extension down Route
12." Senator Brewer's letter to DEP "Mr. and Mrs. Adams would
like to find out why an ACO (Administrative Consent Order) was never
issued....provide them with any information regarding the reasons for
not issuing an ACO in this circumstance..."
| 1 | 2 |
• 8-12-05 meeting regarding Boutwell's Garage alternative financing methods for water main extension.
| 1 | 2 | 3 | 4 | 5 |
2005
TOM ROSSI OF GIBRALTAR MORTGAGE, ORIGINAL MORTGAGE COMPANY FOR THE ADAMS STATES HE SHREDDED ALL HIS FILES
• 1-19-05 Ran into Tom Rossi in Vincent CampoBasso's office prior to the meeting we previously had set up with Attorney CampoBasso. Mr. Rossi told us that he had shredded all his files from 1999. My husband and I then met with Attorney CampoBasso and questioned him about the disclosure laws, and we were told "The only thing I do is title search; I only examine public record for free and clear title. "When questioned about his relationship with Gibraltar, Attorney CampoBasso replied "I just do their closings." When quested about his role of Secretary for Gibraltar Mortgage Lending Services, Inc., according to Massachusetts Secretary of State Corporations Division, Attorney CampoBasso replied "I'm a clerk, not owner." My husband and I then stopped by Tom Rossi's office and asked for the disclosure documents. Mr. Rossi said "I feel badly. Vincent called and said the meeting didn't go well because we were asking Vincent for documents he didn't have.
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