It should be noted that the owner of Parcel KI0-11-15 has ... · K10-11-15, K1 0-11-16, K10-11-17,...

Transmitted via Overnight Courier

December 23,2013

Mr. Michael Gorski Regional Director Western Regional Office Department of Environmental Protection 436 Dwight Street Springfield, MA 01103

Re: Commercial Street Site; Site No. GEAC0230 Periodic Review and Evaluation of Temporary Solutions

Dear Mr. Gorski:

GE 159 Plastics Avenue Pittsfield, MA 01201 USA

In 2009, the General Electric Company (GE) conducted remedial actions at the Commercial Street Site in Pittsfield, MA, which comprises 15 non-GE-owned properties in a largely commercial area. These remedial actions were conducted under the Administrative Consent Order (ACO) that GE executed with the Massachusetts Department of Environmental Protection (DEP) in November 2000. They involved soil removal/replacement at 11 of the properties, with off-site disposal of the excavated soil. These actions were described in GE's Phase IV As-Built Construction and Final Inspection Report for the Commercial Street Site (Phase IV Final Report; October 2010), which was approved by DEP by letter dated June 22, 2011. As discussed in that report, following those remedial actions, three of the properties at this Site qualified for a Permanent Solution and a Class A-2 Response Action Outcome (RAO). At the 12 remaining properties, all of which are commercial properties, a Temporary Solution satisfying the requirements for a Class C-1 RAO was implemented, as described in the Phase IV Final Report. Those properties consist of nine tax parcels under common control- Parcels K10-11-7, Kl0-11-8, Kl0-11-9, K10-11-15, K1 0-11-16, K10-11-17, K10-11-19, K10-11-101, and K1 0-11-102- as well as Parcels K1 0-11-11, K10-11-13 (portion within Site), and K11-2-1. GE sent letters to the owners of these properties on August 6, 2009, notifying them of the implementation of a Temporary Solution at their properties.

As described in Section 6.2 of the approved Phase IV Final Report and in GE's August 6, 2009 letters to the property owners, the Temporary Solution implemented at each of these properties involves an agreement by GE to conduct further response actions at the property in the future under certain conditions involving a change in use or operations.1 Specifically, if (a) the property owner notifies GE that he/she intends to change the current use of the property to a less restrictive use or to make a modification or expansion of his/her current operations that would involve the excavation or disposition of contaminated soil, and the owner provides evidence that he/she obtained any necessary governmental approvals for that

1 It should be noted that the owner of Parcel KI0-11-15 has executed a limited Notice of Activity and Use Limitation (AUL) to address potential future indoor air exposures in the building on the property under a residential or similar scenario by prohibiting conversion of the property to residential or similar uses that are not consistent with the commercial use assumptions on which the prior indoor air risk assessment was based.

Corrnrate Environmental Prv>Qrom'>

Michael Gorski December 23,2013

Page 2 of5

future use and has made a commitment to that use, or (b) GE otherwise obtains information from the owner or DEP or during periodic property inspections (described below) that uses or activities at the property have changed or will change in such a way that the property no longer meets applicable standards, then GE will so notify DEP. In such a case, assuming that the future use is legally permissible, GE will evaluate the need for and scope of additional investigations, additional cleanup, and/or soil management/disposition activities for that use, and will submit the results of that evaluation to DEP along with a proposal for such additional activities if necessary. If DEP then determines that such additional actions are necessary to meet applicable standards or requirements for the use in question, and if it directs GE to carry out such actions, GE will carry out those additional investigation, cleanup, and/or soil management/disposition actions (subject to its right to contest any requirement, or to seek contribution from others, for actions that relate to contaminants not attributable to GE).

The Phase IV Final Report also requires to GE to conduct annual post-remediation Temporary Solution inspections at the properties subject to the Temporary Solutions. Following GE's August 2009 notifications to the property owners, GE has conducted such annual inspection activities at these properties in accordance with the requirements described in that report. Those activities consisted of review of relevant property records and other documents and a visual on-site inspection, and were performed in the fall of2009, 2010,2011, 2012, and most recently on November 5, 2013. The purpose of those activities was to determine whether there had been a change in ownership of any of these properties/ and whether there was visual evidence that any of the following had occurred at any of the properties since the prior inspection: (a) any change in activities or uses of the property that would be potentially inconsistent with the land use for which the Temporary Solution was implemented (i.e., commercial use); (b) installation of a new utility or repair or replacement of an existing utility that involved disturbance of soil; or (c) any excavations, construction, or other activities or conditions that resulted in the disturbance of 10 cubic yards (cy) of soil or greater, regardless of depth. The results of each inspection were documented in a Temporary Solution Annual Inspection Checklist for each property and were presented in a letter report to DEP following the inspection. These reports were dated, respectively, December 15, 2009, December 14, 2010, December 16, 2011, January 2, 2013, and December 4, 2013.

The Phase IV Final Report provides further that, every five years, following the annual inspection in the fifth year, GE will submit a separate report to DEP evaluating the appropriateness of continuing the Temporary Solutions and addressing the other specific requirements of 310 CMR 40.1051(3)(b) (establishing requirements for periodic review of Temporary Solutions). Having completed the fifth annual inspection of the Temporary Solution properties at this Site, GE is submitting this letter to present the first such periodic evaluation. Each of the relevant criteria set out in 310 CMR 40.1051(3)(b) is addressed below. Copies of the completed RAO Statement Transmittal Forms (Form BWSC104) for these periodic reviews for the 12 parcels subject to Temporary Solutions at this Site are attached hereto as Attachments A through L.

2 These inspections showed no change in ownership of any of these properties since the Temporary Solutions were implemented, with the exception that, in December 2009, ownership of Parcel K 10-11-8 was transferred from one entity to another controlled by the same individual. In this situation, GE did not send a new notice of the Temporary Solution to the new owner.

G:\GE\GE_Pittsfield_ACO_Non-Res_Commercial_St\Reports and Presentations\12-13 Periodic Review\12-23-13 MDEP Periodic Review.doc

Michael Gorski December 23, 2013

Page 3 of5

1. Feasibility of implementing a Permanent Solution. Section 40.1051 (3)(b) 1 requires the evaluation to address "the feasibility of implementing one or more Permanent Solutions for the disposal site .... " As discussed in Section 8.2 of the Phase IV Final Report, GE previously concluded that, for the 12 properties subject to Temporary Solutions at this Site, a Permanent Solution is not feasible under the benefit-cost standard in 310 CMR 40.0860(5)(b) and 40.0860(7)(a). Specifically, as that report noted, GE showed that attempting to achieve a Permanent Solution (Class A-2 RAO) would have required the additional removal of a total of over 35,000 cy of soil beyond what was proposed (and ultimately performed) for those properties, at an estimated additional cost of over $14 million. The extra cost of such actions would have been substantial compared to the cost of the Temporary Solutions, and that extra cost would have been unjustified and disproportionate to the benefits, because such removal was not necessary to protect human health and the environment. As further explained in that report, the Temporary Solutions are already fully protective of health and the environment because (a) the remedial actions performed at these properties achieved the remediation standards approved by DEP as protective for their current use (commercial use), and (b) the Temporary Solutions would require implementation of further response actions to address potential changes in uses or other activities for which these standards may not be protective, so long as the specified conditions are met.

Nothing has occurred since the time of that evaluation that would change the conclusion that implementation of a Permanent Solution is not feasible at these properties.

2. Effectiveness of the Temporary Solution. Section 40.1 051(3)(b )2 requires the evaluation to address "the effectiveness of the Temporary Solution(s)." As demonstrated in Section 8.2 ofthe Phase N Final Report, the Temporary Solutions implemented at these properties were determined to be effective and to achieve a condition of No Substantial Hazard, because, as mentioned above, the remedial actions achieved the remediation standards approved by DEP as fully protective for the current uses of these properties, and the Temporary Solutions are in place to address any potential changes in use or other activities that may require further response actions.

Those conclusions remain true. The conclusion that the remedial actions achieved protective conditions for current uses was based on: (a) attainment of the PCB concentration standards approved by DEP for commercial properties at this Site, and (b) for other constituents, a demonstration that the average concentrations of the constituents that were retained after a screening comparison either (i) were less than the applicable Method 1 (S-2) soil standards under pre- or post-remediation conditions (seven properties)/ or (ii) would not present cancer risks or non-cancer hazards in excess of the MCP risk benchmarks, based on a Method 3 risk assessment under a commercial use scenario (five properties). Nothing has changed that would alter conclusions (a) or (b)(ii). With respect to conclusion (b)(i), DEP adopted revised Method 1 soil standards following the non-PCB evaluations conducted for this Site, which were set forth in the Phase III Remedial Action Plan (March 2007). However, for each of the properties to which the Method 1 standards were applied (Parcels K10-11-8, K10-11-13, K10-11-16, K10-11-19, K10-11-101, K10-11-102, and K10-2-1), review of those non-PCB evaluations in relation to the current Method 1 soil standards shows that, for all retained constituents, the current Method 1 S-2 soil standards are the same as or higher than the standards used in those prior evaluations, with three exceptions (acenaphthalene, acetone, and 2-methylnapththalene), for which the current standards are lower. However, for those three constituents, the average concentrations at the properties where they were retained are still well below the current Method 1 S-2 soil standards. Thus, the prior conclusion based on application of the Method 1 soil standards also remains valid.

3 In a couple of cases, with DEP approval, in lieu of using the MCP Method I soil standard for dioxin/furan total toxicity equivalency quotient (TEQ) concentrations, this analysis showed that the maximum TEQ concentration was below the applicable risk-based concentration developed by DEP for TEQs in soil at commercial properties.

G:\GE\GE_Pittsfield_ACO_NonwRes_Cornmercial_St\Reports and Presentations\12-13 Periodic Review\12-23-13 MDEP Periodic Review.doc

Michael Gorski December 23, 2013

Page 4 of5

3. Steps to identify and implement a feasible Permanent Solution. Section 40.1051 (3)(b )3 requires the evaluation to address "the definitive and/or enterprising steps to identify, develop, and implement a feasible permanent solution at the site." As provided in Section 8.2 of the Phase IV Final Report, this requirement is met by the steps that GE is required to conduct in the event of a change in use at these properties or the performance of certain activities involving the excavation or disposition of contaminated soil, as described in the second paragraph of this letter.

4. Changes in activities, uses, and/or exposures. Section 40.1051(3)(b)4 requires the evaluation to address "any changes in activities, uses and/or exposures that may cause an actual or potential increase in exposure for human or environmental receptors to oil and/or hazardous material." As stated in the abovereferenced reports on the annual Temporary Solution inspections conducted from 2009 to date, those inspections showed no evidence of any changes in activities or uses at any of these properties that would be potentially inconsistent with the land use for which the Temporary Solutions were implemented (i.e., commercial use). Those inspections did show that a few construction activities had been performed -namely, the construction of a drive-up teller window at Parcel K11-2-1 in 2011; the installation of a fence and gate at Parcel K10-11-15 in 2012 and another fence and gate at that parcel in 2013; and the repair of a telephone line between Parcels K10-11-15 and K10-11-16 (which are commonly owned) in 2013, resulting in a cut in the asphalt between the buildings on those parcels and toward Commercial Street. The first three of those projects did not appear to have involved the disturbance of 10 cy or more of soil. The 2013 telephone line repair did appear to have involved the disturbance of more than 10 cy of soil, but it appeared that the soil removed was put back in place and new asphalt installed. These activities would not be expected to have resulted in an "actual or potential increase in exposure for human or environmental receptors" to constituents in the soil; and the inspections showed no other evidence of the above-mentioned activities or conditions listed in the Annual Inspection Checklist.

5. Evaluation of Activity and Use Limitation. Section 40.1051(3)(b)5 requires the evaluation to include, "if applicable, an evaluation of any Activity and Use Limitation [AUL] implemented as part of the Temporary Solution." This criterion is not applicable because AULs were not required and have not been implemented at these properties as part of the Temporary Solutions.4

6. Response actions to maintain the Temporary Solution. Section 40.1051(3)(b)6 requires the evaluation to address "any necessary and required response actions to maintain the Temporary Solution and, if applicable, any Activity and Use Limitation, in the event that the Temporary Solution and/or the Activity and Use Limitation is no longer effective in maintaining a condition of No Substantial Hazard at the disposal site." This criterion is also inapplicable here because, as shown above, the Temporary Solutions are effective in maintaining a condition of No Substantial Hazard and do not include AULs. We note further that, as part of the Temporary Solutions, GE has agreed to conduct any necessary and required response actions in the event of a change in use at these properties or the performance of certain activities involving the excavation or disposition of contaminated soil, provided that the conditions described above are satisfied.

7. Certification. Section 40.1051 (3)(b )7 requires the evaluation to include "the certification required in 310 CMR 40.0009." The required certifications by a Licensed Site Professional (LSP) are provided in Section K of the RAO Statement Transmittal Forms attached as Attachments A through L.

4 As noted above (footnote 1), a limited AUL has been executed at Parcel Kl0-11-15 to address potential future indoor air exposures in the building on that property under a residential or similar scenario. However, that AUL was separate from the Temporary Solution.

G:\GE\GE_Pittsfield_ACO_Non·Res_Commerciai_St\Reports and Presentations\12-13 Periodic Review\12-23-13 MDEP Periodic Rcview.doc

Michael Gorski December 23,2013

Page 5 of5

Based on the forgoing evaluation, GE has concluded that it is appropriate to continue the Temporary Solutions at the above-referenced properties. These properties will continue to be inspected annually; and following each inspection, an inspection report will be prepared and submitted to DEP. In addition, GE will submit another separate report to DEP in 5 years time (following the annual inspection in 2018) evaluating the appropriateness of continuing the Temporary Solutions at these properties and addressing the other requirements of 310 CMR 40.1 051(3)(b) (or any revised version of that provision).

Please call me if you have any comments or questions.

Sincerely yours,

~IJ.&~~ Richard W. Gates Senior Project Manager- Environmental Remediation

Attachments

cc: J. Ziegler, MassDEP (2 copies) E. Tor, MassDEP D. Tagliaferro, EPA H. Inglis, EPA R. Howell, EPA J. Bieke, Esq., Sidley Austin R. McLaren, Esq., GE Mayor Daniel Bianchi, City of Pittsfield J. Nuss, P.E., ARCADIS C. Averill, ARCADIS Public Information Repositories GE Internal Repositories Property Owner- Parcels K10-ll-7, K10-

11-8, K10-11-9, K10-11-15, K10-11-16, K 1 0-11-1 7, K 1 0-11-19, K 1 0-11-1 0 1, and K10-11-102*

Property Owner - Parcel K 1 0-11-11 * Property Owner - Parcel K1 0-11-13 * Property Owner - Parcel K 11-2-1 *

(* with relevant attachment(s))

G:\GE\GE_Pittsfield_ACO_Non~Res_Commercial_St\Reports and Presentations\12~13 Periodic Review\12~23~13 MDEP Periodic Review.doc

Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup

RESPONSE ACTION OUTCOME (RAO) STATEMENT Pursuant to 310 CMR 40.1000 (Subpart J)

BWSC104

Release Tracking Number

D - .___I -----l

For sites with multiple RTNs, enter the Primary RTN above.

A. SITE LOCATION:

Parcel K10-11-7 (Part of Site No. GEAC0230) 1. Site Name/Location Aid: --------------------------------------J

8 Commercial Street 2. Street Address:

Pittsfield 012010000 3. City/Town: ------------------- 4. ZIP Code: ---------------1

0 5. Check here if a Tier Classification Submittal has been provided to DEP for this disposal site.

0 a. Tier lA 0 b. Tier IB 0 c. Tier IC 0 d. Tier II

6. If a Tier I Permit has been issued, provide Permit Number:

B. THIS FORM IS BEING USED TO: (check all that apply)

1. List Submittal Date of RAO Statement (if previously submitted):

0 2. Submit a Response Action Outcome {RAO) Statement

10/21/2010

mm/dd/yyyy

D a. Check here if this RAO Statement covers additional Release Tracking Numbers (RTNs). RTNs that have been previously linked to a Tier Classified Primary RTN do not need to be listed here.

b. Provide additional Release Tracking Number(s) covered by this RAO Statement. D -.__I _____, D -.___I -----l

0 3. Submit a Revised Response Action Outcome Statement

a. Check here if this Revised RAO Statement covers additional Release Tracking Numbers (RTNs), not listed on the D RAO Statement or previously submitted Revised RAO Statements. RTNs that have been previously linked to a Tier

Classified Primary RTN do not need to be listed here.

b. Provide additional Release Tracking Number(s) covered by this RAO Statement. D D -.___I _____.

0 4. Submit a Response Action Outcome Partial {RAO-P) Statement

D

0

D

Check above box, if any Response Actions remain to be taken to address conditions associated with this disposal site having the Primary RTN listed in the header section of this transmittal form. This RAO Statement will record only an RAO-Partial Statement for that RTN. A final RAO Statement will need to be submitted that references all RAO-Partial Statements and, if applicable, covers any remaining conditions not covered by the RAO-Partial Statements.

Also, specify if you are an Eligible Person or Tenant pursuant to M.G.L. c. 21 E s.2, and have no further obligation to conduct response actions on the remaining portion(s) of the disposal site:

0 a. Eligible Person 0 b. Eligible Tenant

5. Submit an optional Phase I Completion Statement supporting an RAO Statement

6. Submit a Periodic Review Opinion evaluating the status of a Temporary Solution for a Class C-1 RAO Statement, as specified in 310 CMR 40.1051 (Section F is optional)

7. Submit a Retraction of a previously submitted Response Action Outcome Statement (Sections E & Fare not required)

(All sections of this transmittal form must be filled out unless otherwise noted above)

Revised: 02/28/2006 Page 1 of7


RESPONSE ACTION OUTCOME (RAO) STATEMENT

Pursuant to 310 CMR 40.1000 (Subpart J)

BWSC104


D -I .__ ___ ___.

C. DESCRIPTION OF RESPONSE ACTIONS: (check all that apply; for volumes, list cumulative amounts)

D 1. Assessment and/or Monitoring Only D 2. Temporary Covers or Caps

D 3. Deployment of Absorbent or Containment Materials D 4. Treatment of Water Supplies

D 5. Structure Venting System D 6. Engineered Barrier

D 7. Product or NAPL Recovery D 8. Fencing and Sign Posting

D 9. Groundwater Treatment Systems D 10. Soil Vapor Extraction

D 11. Bioremediation D 12. Air Sparging

D 13. Monitored Natural Attenuation D 14. In-situ Chemical Oxidation

D 15. Removal of Contaminated Soils

D a. Re-use, Recycling or Treatment D i. On Site Estimated volume in cubic yards

D ii. Off Site Estimated volume in cubic yards

iia. Facility Name: ------------- Town: ------------- State:

iib. Facility Name:------------- Town: ------------State:

iii. Describe: --------------------------------------1

D b. Landfill

D i. Cover

Facility Name:

Estimated volume in cubic yards

------------- Town:

D ii. Disposal Estimated volume in cubic yards

------------ State:

Facility Name: ------------- Town: ------------ State: -----;

D 16. Removal of Drums, Tanks or Containers:

a. Describe Quantity and Amount:

b. Facility Name:------------- Town: State: -----1

c. Facility Name:------------- Town : ------------ State: ------1

D 17. Removal of Other Contaminated Media:

a. Specify Type and Volume: --------------------------------1

b. Facility Name: ------------- Town: State: ------1

c. Facility Name: ------------- Town: State: -----1

Revised: 02/28/2006 Page 2 of?




BWSC104


D - .___I ------~

C. DESCRIPTION OF RESPONSE ACTIONS (cont): (check all that apply; for volumes, list cumulative amounts)

EJ 18. Other Response Actions:

PERIODIC REVIEW PER MCP 310 CMR 40.1051. NO CHANGES TO REPORT. Describe:--------------------------------------------------------------------------------~

D 19. Use of Innovative Technologies:

Describe:--------------------------------------------------------------------------------~

D. SITE USE:

1. Are the response actions that are the subject of this submittal associated with the redevelopment, reuse or the major expansion of the current use of property(ies) impacted by the presence of oil and/or hazardous materials?

D a. Yes 0 b. No D c. Don't know

2. Is the property a vacant or under-utilized commercial or industrial property ("a brownfield property")?


3. Will funds from a state or federal brownfield incentive program be used on one or more of the property(ies) within the disposal site?

D a. Yes 0 b. No D c. Don't know If Yes, identify program(s):

4. Has a Covenant Not to Sue been obtained or sought?

[3 a. Yes D b. No D c. Don't know

5. Check all applicable categories that apply to the person making this submittal: D a. Redevelopment Agency or Authority

D D D

b. Community Development Corporation D c. Economic Development and Industrial Corporation

d. Private Developer D e. Fiduciary D f. Secured Lender D g. Municipality

h. Potential Buyer (non-owner) ~ i. Other, describe: POTENTIALLY RESPONSIBLE PARTY

This data will be used by MassDEP for information purposes only, and does not represent or create any legal commitment, obligation or liability on the part of the party or person providing this data to MassDEP.

E. RESPONSE ACTION OUTCOME CLASS:

Specify the Class of Response Action Outcome that applies to the disposal site, or site of the Threat of Release. Select ONLY one Class.

D 1. Class A-1 RAO: Specify one of the following:

D

D

D

D a. Contamination has been reduced to background levels. D b. A Threat of Release has been eliminated.

2. Class A-2 RAO: You MUST provide justification that reducing contamination to or approaching background levels is infeasible.

3. Class A-3 RAO: You MUST provide an implemented Activity and Use Limitation (AUL) and justification that reducing contamination to or approaching background levels is infeasible.

4. Class A-4 RAO: You MUST provide an implemented AUL, justification that reducing contamination to or approaching background levels is infeasible, and justification that reducing contamination to less than Upper Concentration Limits (UCLs) 15 feet below ground surface or below an Engineered Barrier is infeasible. If the Permanent Solution relies upon an Engineered Barrier, you must provide or have previously provided a Phase Ill Remedial Action Plan that justifies the selection of the Engineered Barrier.





BWSC104


D- .___I __

E. RESPONSE ACTION OUTCOME CLASS (cont):

D 5. Class B-1 RAO: Specify one of the following:

D

D

D a. Contamination is consistent with background levels

6. Class B-2 RAO: You MUST provide an implemented AUL.

D b. Contamination is NOT consistent with background levels.

7. Class B-3 RAO: You MUST provide an implemented AUL and justification that reducing contamination to less than Upper Concentration Limits (UCLs) 15 feet below ground surface is infeasible.

8. Class C-1 RAO: You must submit a plan as specified at 310 CMR 40.0861(2)(h). Indicate type of ongoing response actions.

D a. Active Remedial System D b. Active Remedial Monitoring Program D c. None

SEE ATTACHED E] d. Other Specify: ---------------------------------1

D 9. Class C-2 RAO: You must hold a valid Tier I Permit or Tier II Classification to continue response actions toward a Permanent Solution.

F. RESPONSE ACTION OUTCOME INFORMATION:

1. Specify the Risk Characterization Method(s) used to achieve the RAO described above:

0 a. Method 1 0 b. Method 2 0 c. Method 3

D d. Method Not Applicable-Contamination reduced to or consistent with background, or Threat of Release abated

2. Specify all Soil Category(ies) applicable. More than one Soil Category may apply at a Site. Be sure to check off all APPLICABLE categories:

D a. S-1/GW-1 D d. S-2/GW-1 0 g. S-3/GW-1

D b. S-1/GW-2 D e. S-2/GW-2 D h. S-3/GW-2

D c. S-1/GW-3 D f. S-2/GW-3 D i. S-3/GW-3

3. Specify all Groundwater Category(ies) impacted. A site may impact more than one Groundwater Category. Be sure to check off all IMPACTED categories:

D a. GW-1 D b. GW-2 D c. GW-3 D d. No Groundwater Impacted

Specify remediation conducted:

D a. Check here if soil remediation was conducted.

D b. Check here if groundwater remediation was conducted.

5. Specify whether the analytical data used to support the Response Action Outcome was generated pursuant to the Department's Compendium of Analytical Methods (CAM) and 310 CMR 40.1056:

D a. CAM used to support all analytical data. D b. CAM used to support some of the analytical data.

D c. CAM not used.

D 6. Check here to certify that the Class A, B or C Response Action Outcome includes a Data Usability Assessment and Data Representativeness Evaluation pursuant to 310 CMR 40.1056.

7. Estimate the number of acres this RAO Statement applies to:


Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC104

RESPONSE ACTION OUTCOME (RAO) STATEMENT Release Tracking Number

D - ..__I _____. Pursuant to 310 CMR 40.1000 (Subpart J)

G. LSP SIGNATURE AND STAMP:

1 attest under the pains and penalties of perjury that I have personally examined and am familiar with this transmittal form, including any and all documents accompanying this submittal. In my professional opinion and judgment based upon application of (i) the standard of care in 309 CMR 4.02(1 ), (ii) the applicable provisions of 309 CMR 4.02(2) and (3), and 309 CMR4.03(2), and (iii) the provisions of 309 CMR 4.03(3), to the best of my knowledge, information and belief,

> if Section B indicates that either an RAO Statement, Phase I Completion Statement and/or Periodic Review Opinion is being provided, the response action(s) that is (are) the subject of this submittal (i) has (have) been developed and implemented in accordance with the applicable provisions of M.G.L. c. 21 E and 310 CMR 40.0000, (ii) is (are) appropriate and reasonable to accomplish the purposes of such response action(s) as set forth in the applicable provisions of M.G.L. c. 21 E and 310 CMR 40.0000, and (iii) comply(ies) with the identified provisions of all orders, permits, and approvals identified in this submittal.

1 am aware that significant penalties may result, including, but not limited to, possible fines and imprisonment, if I submit information which I know to be false, inaccurate or materially incomplete.

7349 1. LSP #:

JAMES NUSS

2. First Name: 3. Last Name: ----------------------------------~

5. Ext.: ---6. FAX: (315) 446-9161

7. Signature:

t 2-{L 8. Date: 9. LSP Stamp:

mm/dd/yyyy

H. PERSON MAKING SUBMITTAL:

1. Check all that apply: 0 a. change in contact name 0 b. change of address 0 c. change in the person undertaking response actions

GENERAL ELECTRIC CO

2. Name of Organization: -----------------------------------------------------~

GATES RICHARD 3. Contact First Name: ------------------ 4. Last Name: --------------------1

5. Street: ------1-5-9-PLAS __ T_Ic_s_Av_E_NU_E ________ 6. Title: SR. PROJECT MGR, ENVIRONMENTAL REMEDIATION

PITTSFIELD MA 012010000 9. ZIP Code: 8. State: 7. Cityrrown:

10. Telephone: (413) 448-5909

11. Ext.: ----- 12. FAX:

Revised: 02/28/2006 Page 5of7




BWSC104


D - I.________.

I. RELATIONSHIP TO RELEASE OR THREAT OF RELEASE OF PERSON MAKING SUBMITTAL:

~ 1. RPorPRP D a. Owner 0 b. Operator ~ c. Generator D d. Transporter

0 e. Other RP or PRP Specify: ---------------------------1

D 2. Fiduciary, Secured Lender or Municipality with Exempt Status (as defined by M.G.L. c. 21 E, s. 2)

0 3. Agency or Public Utility on a Right of Way (as defined by M.G.L. c. 21 E, s. 50))

D 4. Any Other Person Making Submittal Specify Relationship:

J. REQUIRED ATTACHMENT AND SUBMITTALS:

1. Check here if the Response Action(s) on which this opinion is based, if any, are (were) subject to any order(s), permit(s) EJ and/or approval(s) issued by DEP or EPA. If the box is checked, you MUST attach a statement identifying the applicable

provisions thereof.

0

0

2. Check here to certify that the Chief Municipal Officer and the Local Board of Health have been notified of the submittal of an RAO Statement that relies on the public way/rail right-of-way exemption from the requirements of an AUL.

3. Check here to certify that the Chief Municipal Officer and the Local Board of Health have been notified of the submittal of a RAO Statement with instructions on how to obtain a full copy of the report.

4. Check here to certify that documentation is attached specifying the location of the Site, or the location and boundaries of 0 the Disposal Site subject to this RAO Statement. If submitting an RAO Statement for a PORTION of a Disposal Site, you

must document the location and boundaries for both the portion subject to this submittal and, to the extent defined, the entire Disposal Site

5. Check here to certify that, pursuant to 310 CMR 40.1406, notice was provided to the owner(s) of each property within the ~ disposal site boundaries, or notice was not required because the disposal site boundaries are limited to property owned by

the party conducting response actions. (check all that apply)

0 a. Notice was provided prior to, or concurrent with the submittal of a Phase II Completion Statement to the Department.

0 b. Notice was provided prior to, or concurrent with the submittal of this RAO Statement to the Department.

0 c. Notice not required. d. Total number of property owners notified, if applicable: __ 1 ____ _

6. Check here if required to submit one or more AULs. You must submit an AUL Transmittal Form (BWSC113) and a 0 copy of each implemented AUL related to this RAO Statement. Specify the type of AUL(s) below: (required for Class

A-3, A-4, B-2, B-3 RAO Statements)

0

0

0 a. Notice of Activity and Use Limitation

0 c. Grant of Environmental Restriction

b. Number of Notices submitted: --------

d. Number of Grants submitted:

7. If an RAO Compliance Fee is required for any of the RTNs listed on this transmittal form, check here to certify that an RAO Compliance Fee was submitted to DEP, P. 0. Box 4062, Boston, MA 02211.

8. Check here if any non-updatable information provided on this form is incorrect, e.g. Site Address/Location Aid. Send corrections to the DEP Regional Office.

~ 9. Check here to certify that the LSP Opinion containing the material facts, data, and other information is attached.




BWSC104


D - I.___----.~

, attest under the pains and penalties of perjury (i) that I have personally and am familiar with the information contained in this submittal, Including any and all documents accompanying this

•rra1rtsmma1 form, (ii) that, based on my Inquiry of those individuals Immediately responsible for obtaining the information, the information contained in this submittal is, to the best of my knowledge and belief, true, accurate and complete, and (iii)

I am fully authorized to make this attestation on behalf of the entity legally responsible for this submittal. lithe person or on whose behalf this submittal is made mns aware that there are signlftcant penalties, Including, but not limited to,

IP01ssib1le fines a imprisonment, for willful su mltting false, inaccurate, or Incomplete Information.

UVtA.AAtV. 3• Title: SR. PRO.:r£CT MGR, ENVIRONMENTAL

GENERAL JU.ECTR.IC CO

{Name of person or entity recorded In Section H)

0 6. Check here if the address of the person providing certification is different from address recorded In Section H.

7. Street:

B.C~ffown: ------------------------------- 9. State: 10. ZIP Code: --------1 ·11. Telephone: 12. Ext: 13. FAX:

YOU ARE SUBJECT TO AN ANNUAL COMPUANCE ASSURANCE FEE OF UP TO $10,000 PER BIUABLE YEAR FOR THIS DISPOSAL SITE. YOU MUST LEGIBLY COMPLETE AU. RELEVANT SECTiONS OF THIS FORM OR DEP MAY RETURN THE DOCUMENT AS INCOMPLETE. IF YOU

YOU BE A REQUIRED

Date Stamp (DEP USE ONLY:}

Revised: 02128/2006 Page 7 of7

ATTACHMENT TO FORM BWSC104 FOR PARCEL Kl0-11-7, PITTSFIELD, MASSACHUSETTS

E.8. The Class C-1 Response Action Outcome (RAO) was for a Temporary Solution implemented at this property, as described in Section 6.2 ofGE's Phase IV As-Built Construction and Final Inspection Report for the Commercial Street Site (Phase IV Final Report; October 201 0).

J.l. The periodic review of the Temporary Solution at Parcel K10-11-7 was subject to: (1) an Administrative Consent Order (ACO) executed by the General Electric Company (GE) and the Massachusetts Department of Environmental Protection (MDEP) in 2000 pertaining to GE's Pittsfield Facility and related sites (GEAC0500; SA 1-0563); and (2) an approval letter issued by the MDEP on June 22, 2011 forGE's Phase IV Final Report (October 2010).

J.4. The location of Parcel K1 0-11-7, which is a part of Disposal Site No. GEAC0230 (Pittsfield NonResidential Fill Properties), is shown on Figures 1 and 2 of the Phase IV Final Report. Since the entire Disposal Site of which this property is a part consists of all non-residential properties within Pittsfield at which fill material from the GE Pittsfield facility may have come to be located, the location and boundaries of that entire Disposal Site cannot be defined.

J.5. For the same reason given in Item J.4 above (i.e., that the Disposal Site of which the subject areas are a part consists of all non-residential properties in Pittsfield at which fill material from the GE Pittsfield facility may have come to be located), notice cannot feasibly be provided to the owners of all properties within that Disposal Site. However, notice of the periodic Temporary Solution review has been provided to the owner of Parcel K10-11-7.

J.9. The material facts, data, and other information relating to the periodic review and evaluation of the Temporary Solution at Parcel K 10-11-7 are set forth in the letter from GE to MDEP dated December 23, 2013, to which this Form BWSC104 is attached and which is incorporated by reference herein. The LSP Opinion provided in Section G of this Form BWSC104 is based upon and incorporates that information.



BWSC104


- 115433 :1 For sites with multiple RTNs, enter the Primary RTN above.

A. SITE LOCATION:

2. Street Address:

5. Check here if a Tier Classification Submittal has been provided to DEP for this disposal site.

D a. Tier lA D b. Tier IB D c. Tier IC D d. Tier II



1. List Submittal Date of RAO Statement (if previously submitted): [!~12~~~~--·~---~~ mm/dd/yyyy

2. Submit a Response Action Outcome (RAO) Statement


b. Provide additional Release Tracking Number(s) covered by this RAO Statement.

3. Submit a Revised Response Action Outcome Statement

D-1 '--------1

a. Check here if this Revised RAO Statement covers additional Release Tracking Numbers (RTNs), not listed on the RAO Statement or previously submitted Revised RAO Statements. RTNs that have been previously linked to a Tier Classified Primary RTN do not need to be listed here.


4. Submit a Response Action Outcome Partial (RAO-P) Statement

D D-1 '--------1



a. Eligible Person b. Eligible Tenant



7. Submit a Retraction of a previously submitted Response Action Outcome Statement (Sections E & F are not required)







1 - .... 11_54_33 _ _,

(check all that apply; for volumes, list cumulative amounts)

1. Assessment and/or Monitoring Only

3. Deployment of Absorbent or Containment Materials

5. Structure Venting System

Product or NAPL Recovery

9. Groundwater Treatment Systems

Bioremediation

Monitored Natural Attenuation

Removal of Contaminated Soils

2. Temporary Covers or Caps

4. Treatment of Water Supplies

6. Engineered Barrier

8. Fencing and Sign Posting

10. Soil Vapor Extraction

12. Air Sparging

14. In-situ Chemical Oxidation





iii. Describe: --------------------------------------1 D b. Landfill

D i. Cover

Facility Name:


------------- Town:


------------ State:

Facility Name: ------------- Town: ------------ State: -----1

16. Removal of Drums, Tanks or Containers:


b. Facility Name:------------- Town: ------------ State: -----1

c. Facility Name:------------- Town : ------------ State: -----1

17. Removal of Other Contaminated Media:

a. Specify Type and Volume: ---------------------------------1

b. Facility Name: ------------- Town: State: -----1

c. Facility Name: ------------- Town: State: ------1




Pursuant to 310 CMR 40.1000 (Subpart J) - 115433


18. Other Response Actions:

Describe: PERIODIC REVIEW PER MCP 310 CMR 40.1051. NO CHANGES TO REPORT.

19. Use of Innovative Technologies:

Describe:--------------------------------------------------------------------------------4

D. SITE USE:


a. Yes b. No c. Don't know

2. Is the property a vacant or under-utilized commercial or industria/property ("a brownfield property")?



0 a. Yes b. No c. Don't know If Yes, identify program(s):


fZJ a. Yes b.No c. Don't know

5. Check all applicable categories that apply to the person making this submittal: a. Redevelopment Agency or Authority

b. Community Development Corporation c. Economic Development and Industrial Corporation

d. Private Developer e. Fiduciary f. Secured Lender g. Municipality

h. Potential Buyer (non-owner) i. Other, describe: POTENTIALLY RESPONSIBLE PARTY




1. Class A-1 RAO: Specify one of the following:








Pursuant to 310 CMR 40.1000 (Subpart J}

5. Class B-1 RAO: Specify one of the following:

BWSC104


EJ-

0 a. Contamination is consistent with background levels D b. Contamination is NOT consistent with background levels.


7. Class B-3 RAO: You MUST provide an implemented AUL and justification that reducing contamination to less than Upper Concentration Limits (UCLs} 15 feet below ground surface is infeasible.

71 8. Class C-1 RAO: You must submit a plan as specified at 310 CMR 40.0861(2}(h). Indicate type of ongoing response LLI actions.

0 a. Active Remedial System 0 b. Active Remedial Monitoring Program 0 c. None

[21 d. Other Specify: _,S,_,E,E'-"A_,_T'-'T:..:.A.!..!C"-'H.:..:E=.,D:-_ _______________________ --1

9. Class C-2 RAO: You must hold a valid Tier I Permit or Tier II Classification to continue response actions toward a Permanent Solution.



a. Method 1 b. Method 2 c. Method 3

d. Method Not Applicable-Contamination reduced to or consistent with background, or Threat of Release abated


a. S-1/GW-1 d. S-2/GW-1

b. S-1/GW-2 e. S-2/GW-2

c. S-1/GW-3 f. S-2/GW-3

g. S-3/GW-1

h. S-3/GW-2

i. S-3/GW-3


a. GW-1 b. GW-2 c. GW-3 d. No Groundwater Impacted


a. Check here if soil remediation was conducted.

b. Check here if groundwater remediation was conducted.


a. CAM used to support all analytical data. b. CAM used to support some of the analytical data.

c. CAM not used.

6. Check here to certify that the Class A, B or C Response Action Outcome includes a Data Usability Assessment and Data Representativeness Evaluation pursuant to 310 CMR 40.1056.







I attest under the pains and penalties of perjury that I have personally examined and am familiar with this transmittal form, including any and all documents accompanying this submittal. In my professional opinion and judgment based upon application of (i) the standard of care in 309 CMR 4.02(1 ), (ii) the applicable provisions of 309 CMR 4.02(2) and (3), and 309 CMR4.03(2), and (iii) the provisions of 309 CMR 4.03(3), to the best of my knowledge, information and belief,


I am aware that significant penalties may result, including, but not limited to, possible fines and imprisonment, if I submit information which I know to be false, inaccurate or materially incomplete.

2. First Name: M 3. Last Name: ~N_u_s_s ____________________________ ~

6. FAX: [!I~44691_6_1 ____ -.-·-. __ _

7. Signature:

mm/dd/yyyy 9. LSP Stamp:


1. Check all that apply: b. change of address c. change in the person

''"'"""''""'actions

5. Street:

7. City/Town: 8. State: 9. ZIP Code: 012010000

10. Telephone: 34485909 12. FAX:





1


1. RP or PRP a. Owner b. Operator [ZJ c. Generator D d. Transporter

Fiduciary, Secured Lender or Municipality with Exempt Status (as defined by M.G.L. c. 21 E, s. 2)

Specify Relationship: L--------------------...!f

1. Check here if the Response Action(s) on which this opinion is based, if any, are (were) subject to any order(s), permit(s) and/or approval(s) issued by DEP or EPA. If the box is checked, you MUST attach a statement identifying the applicable provisions thereof.



4. Check here to certify that documentation is attached specifying the location of the Site, or the location and boundaries of the Disposal Site subject to this RAO Statement. If submitting an RAO Statement for a PORTION of a Disposal Site, you must document the location and boundaries for both the portion subject to this submittal and, to the extent defined, the entire Disposal Site.

5. Check here to certify that, pursuant to 310 CMR 40.1406, notice was provided to the owner(s) of each property within the disposal site boundaries, or notice was not required because the disposal site boundaries are limited to property owned by the party conducting response actions. (check all that apply)


[ZJ b. Notice was provided prior to, or concurrent with the submittal of this RAO Statement to the Department.

0 c. Notice not required. d. Total number of property owners notified, if applicable: _1 _____ _

6. Check here if required to submit one or more AULs. You must submit an AUL Transmittal Form (BWSC113) and a copy of each implemented AUL related to this RAO Statement. Specify the type of AUL(s) below: (required for Class A-3, A-4, B-2, B-3 RAO Statements)


D c. Grant of Environmental Restriction





0 9. Check here to certify that the LSP Opinion containing the material facts, data, and other information is attached.





-~4~

K. CERTIFICATION OF PERSON MAKING SUBMITTAL:

1. I, W. , attest under the pains and penalties of perjury (i) that I have personally examined and am familiar with the information contained in this submittal, including any and all documents accompanying this transmittal form, (ii) that, based on my inquiry of those individuals immediately responsible for obtaining the information, the material information contained in this submittal is, to the best of my knowledge and belief, true, accurate and complete, and (iii) that I am fully authorized to make this attestation on behalf of the entity legally responsible for this submittal. lithe person or entity on whose behalf this submittal is made am/is aware that there are significant penalties, including, but not limited to, possible fines and imprisonment, for willfully submitting false, inaccurate, or incomplete information.

2. By: W. Gates 3. Title: PM ENV REMEDIATION

Signature

6. Check here if the address of the person providing certification is different from address recorded in Section H.

7. Street:

8. City/Town: 9. State: 10. ZIP Code:

11. Telephone: 12. Ext.: 13. FAX:

YOU ARE SUBJECT TO AN ANNUAL COMPLIANCE ASSURANCE FEE OF UP TO $10,000 PER BILLABLE YEAR FOR THIS DISPOSAL SITE. YOU MUST LEGIBLY COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY RETURN THE DOCUMENT AS INCOMPLETE. IF YOU

SUBMIT AN INCOMPLETE FORM, YOU MAY BE PENALIZED FOR MISSING A REQUIRED DEADLINE.

Date Stamp (DEP USE ONLY:)

Received by DEP on

12/23/2013 9:21:59 AM



E.8. The Class C-1 Response Action Outcome (RAO) was for a Temporary Solution implemented at this property, as described in Section 6.2 of GE's Phase IV As-Built Construction and Final Inspection Report for the Commercial Street Site (Phase IV Final Report; October 201 0).

J.1. The periodic review of the Temporary Solution at Parcel KI0-11-8 was subject to: (1) an Administrative Consent Order (ACO) executed by the General Electric Company (GE) and the Massachusetts Department of Environmental Protection (MDEP) in 2000 pertaining to GE's Pittsfield Facility and related sites (GEAC0500; SA 1-0563); and (2) an approval letter issued by the MDEP on June 22, 2011 forGE's Phase IV Final Report (October 2010).

1.4. The location of Parcel Kl 0-11-8, which is a part of Disposal Site No. GEAC0230 (Pittsfield NonResidential Fill Properties), is shown on Figures 1 and 2 of the Phase IV Final Report. Since the entire Disposal Site of which this property is a part consists of all non-residential properties within Pittsfield at which fill material from the GE Pittsfield facility may have come to be located, the location and boundaries of that entire Disposal Site cannot be defined.

1.5. For the same reason given in Item J.4 above (i.e., that the Disposal Site of which the subject areas are a part consists of all non-residential properties in Pittsfield at which fill material from the GE Pittsfield facility may have come to be located), notice cannot feasibly be provided to the owners of all properties within that Disposal Site. However, notice of the periodic Temporary Solution review has been provided to the owner ofParcel K10-11-8.

J.9. The material facts, data, and other information relating to the periodic review and evaluation of the Temporary Solution at Parcel K10-11-8 are set forth in the letter from GE to MDEP dated December 23, 2013, to which this Form BWSC104 is attached and which is incorporated by reference herein. The LSP Opinion provided in Section G ofthis Form BWSC104 is based upon and incorporates that information.



BWSC104


0-.__l-For sites with multiple RTNs, enter the Primary RTN above.

A. SITE LOCATION: Parcel K10-11-9 (Part of Site No. GEAC0230)

1. Site Name/Location Aid: -----------------------------------~

1430 East Street 2. Street Address:

Pittsfield 012010000 3. City/Town: ------------------- 4. ZIP Code: --------------1

D 5. Check here if a Tier Classification Submittal has been provided to DEP for this disposal site.


6. If a Tier 1 Permit has been issued, provide Permit Number:


1. List Submittal Date of RAO Statement (if previously submitted): 10/21/2010

mm/dd/yyyy D 2. Submit a Response Action Outcome (RAO) Statement


b. Provide additional Release Tracking Number(s) covered by this RAO Statement D -L--1 _____j D -I..________,

D 3. Submit a Revised Response Action Outcome Statement

a. Check here if this Revised RAO Statement covers additional Release Tracking Numbers (RTNs}, not listed on the D RAO Statement or previously submitted Revised RAO Statements. RTNs that have been previously linked to a Tier


b. Provide additional Release Tracking Number(s) covered by this RAO Statement D D -I._______J

D 4. Submit a Response Action Outcome Partial (RAO-P) Statement

D

0

D



D a. Eligible Person D b. Eligible Tenant









BWSC104


D - 1.____-----~









0 15. Removal of Contaminated Soils

0 a. Re-use, Recycling or Treatment 0 i. On Site Estimated volume in cubic yards




iii. Describe: --------------------------------------1 0 b. Landfill

0 i. Cover

Facility Name:


------------- Town:

0 ii. Disposal Estimated volume in cubic yards

------------ State:

Facility Name: ------------- Town: ------------- State:

0 16. Removal of Drums, Tanks or Containers:



c. Facility Name:------------- Town: ------------ State: -----1

0 17. Removal of Other Contaminated Media:








BWSC104


D - !....________,



PERIODIC REVIEW PER MCP 310 CMR 40.1051. NO CHANGES TO REPORT.

Describe:--------------------------------------------------------------------------------4

0 19. Use of Innovative Technologies:

Describe:--------------------------------------------------------------------------------4

D. SITE USE:


0 a. Yes 0 b. No 0 c. Don't know


0 a. Yes 0 b.No 0 c. Don't know


0 a. Yes EJ b. No 0 c. Don't know If Yes, identify program(s):


[3 a. Yes 0 b. No 0 c. Don't know

5. Check all applicable categories that apply to the person making this submittal: 0 a. Redevelopment Agency or Authority

0 b. Community Development Corporation 0 c. Economic Development and Industrial Corporation

0 d. Private Developer 0 e. Fiduciary 0 f. Secured Lender 0 g. Municipality

0 h. Potential Buyer (non-owner) 0 i. Other, describe: POTENTIALLY RESPONSIBLE PARTY




0 1. Class A-1 RAO: Specify one of the following:

0

0

0

0 a. Contamination has been reduced to background levels. 0 b. A Threat of Release has been eliminated.








BWSC104


D - .___I ____,



D

D

0







SEE ATTACHED EJ d. Other Speci~: ------------------------------------------------------------------~




D a. Method 1 D b. Method 2 D c. Method 3



D a. S-1/GW-1 D d. S-2/GW-1 D g. S-3/GW-1




D a. GW-1 D b. GW-2 0 c. GW-3 0 d. No Groundwater Impacted






D c. CAM not used.






D - ~.....-.1 _____, Pursuant to 310 CMR 40.1000 (Subpart J)



> if Section B indicates that either an RAO Statement, Phase I Completion Statement and/or Periodic Review Opinion is being provided, the response action( s) that is (are) the subject of this submittal (i) has (have) been developed and implemented in accordance with the applicable provisions of M.G.L. c. 21E and 310 CMR 40.0000, (ii) is (are) appropriate and reasonable to accomplish the purposes of such response action(s) as set forth in the applicable provisions of M.G.L. c. 21 E and 310 CMR 40.0000, and (iii) comply(ies) with the identified provisions of all orders, permits, and approvals identified in this submittal.


7349

1. LSP#:

JAMES NUSS


5. Ext.:--- 6. FAX: (315) 446-9161

7. Signature:

t 2-/l 8. Date: 9. LSP Stamp:

mm/dd/yyyy



GENERAL ELECTRIC CO

2. Name of Organization: ------------------------------------------------------------1

GATES RICHARD 3. Contact First Name:------------------------ 4. Last Name: -----------------------------1

5. Street: --------15-9--PL_A_s_T_Ic_s __ A_vE_NU_E _____________ 6. Title: SR. PROJECT MGR, ENVIRONMENTAL REMEDIATION

PITTSFIELD MA 012010000 9. ZIPCode: 8. State: 7. City/Town:

(413) 448-5909 10. Telephone: 11. Ext.: ----- 12. FAX:



RESPONSE ACTION OUTCOME {RAO) STATEMENT

Pursuant to 310 CMR 40.1 000 (Subpart J)

BWSC104


D - 1~..---------~


@.] 1. RPorPRP D a. Owner D b. Operator 0 c. Generator D d. Transporter

D e. Other RP or PRP Specify: ---------------------------1


D 3. Agency or Public Utility on a Right of Way (as defined by M.G.L. c. 21 E, s. 5U))



1. Check here if the Response Action(s) on which this opinion is based, if any, are (were) subject to any order(s), permit(s) EJ and/or approval(s) issued by DEP or EPA If the box is checked, you MUST attach a statement identifying the applicable

provisions thereof.

D

D



4. Check here to certify that documentation is attached specifying the location of the Site, or the location and boundaries of

0 the Disposal Site subject to this RAO Statement. If submitting an RAO Statement for a PORTION of a Disposal Site, you must document the location and boundaries for both the portion subject to this submittal and, to the extent defined, the entire Disposal Site.



D

D

D

D a. Notice was provided prior to, or concurrent with the submittal of a Phase II Completion Statement to the Department.


D c. Notice not required. 1

d. Total number of property owners notified, if applicable: -------


D a. Notice of Activity and Use Limitation


b. Number of Notices submitted: ---------








BWSC104


D -I I

RICHARP w · GATEs • attest under the pains and penalties of perjury (i) that 1 have personally and am familiar with the inl'ormatlon contained in this submittal, Including any and all documents accompanying this

ltn:rn!l:.rnltt.RI form, (ii) that, based on my inquiry of those individuals Immediately responsible for obtaining the information, the lm~lh:niiRI information contained In this submittal is, to the best of my knowledge and belief, true, accurate and complete, and (Iii)

1 am fully authorized to make this attestation on behalf of the entity legally responsible for this submittal. lithe person or on whose behalf this submittal is made mils aware that there are significant penalties, Including, but not limited to,

lpossii:Jile fines a Imprisonment, for willful su mltting false, inaccurate, or incomplete Information.

tnrltfiltltfii.A /V. a. Titfe: SR. PROJECT MGR, ENVIRONMENTAL

GENERAL ELECTRIC CO



7. Street:

B. City/Town: 9. State: 10. ZIP Code: ------"""


YOU ARE SUBJECT TO AN ANNUAL COMPUANCE ASSURANCE FEE OF UP TO $10,000 PER Blu.ABLE YEAR FOR THIS DISPOSAL SITE. YOU MUST LEGIBI. Y COMPLETE AU. RELEVANT SECTIONS OF THIS FORM OR DEP MAY RETURN THE DOCUMENT AS INCOMPLETE. IF YOU

AN MAY BE FOR MISSING A REQUIRED DEADUNE.


Revised: 02/28/2006 Page7of7


E.8. The Class C-I Response Action Outcome (RAO) was for a Temporary Solution implemented at this property, as described in Section 6.2 ofGE's Phase IV As-Built Construction and Final Inspection Report for the Commercial Street Site (Phase IV Final Report; October 20 I 0).

J.I. The periodic review of the Temporary Solution at Parcel KI 0-II-9 was subject to: (I) an Administrative Consent Order (ACO) executed by the General Electric Company (GE) and the Massachusetts Department of Environmental Protection (MDEP) in 2000 pertaining to GE's Pittsfield Facility and related sites (GEAC0500; SA I-0563); and (2) an approval letter issued by the MDEP on June 22, 20II forGE's Phase IV Final Report (October 2010).

J.4. The location of Parcel K 1 0-1I-9, which is a part of Disposal Site No. GEAC0230 (Pittsfield NonResidential Fill Properties), is shown on Figures I and 2 of the Phase IV Final Report. Since the entire Disposal Site of which this property is a part consists of all non-residential properties within Pittsfield at which fill material from the GE Pittsfield facility may have come to be located, the location and boundaries of that entire Disposal Site cannot be defined.

J.5. For the same reason given in Item J.4 above (i.e., that the Disposal Site of which the subject areas are a part consists of all non-residential properties in Pittsfield at which fill material from the GE Pittsfield facility may have come to be located), notice cannot feasibly be provided to the owners of all properties within that Disposal Site. However, notice of the periodic Temporary Solution review has been provided to the owner of Parcel KI0-11-9.

J.9. The material facts, data, and other information relating to the periodic review and evaluation of the Temporary Solution at Parcel K I 0-II-9 are set forth in the letter from GE to MDEP dated December 23, 2013, to which this Form BWSCI04 is attached and which is incorporated by reference herein. The LSP Opinion provided in Section G ofthis Form BWSCI04 is based upon and incorporates that information.



[D - ._1_1 o_o_s _ __; For sites with multiple RTNs, enter the Primary RTN above.


A. SITE LOCATION:


D a. Tier lA 0 b. Tier IB 0 c. Tier IC 0 d. Tier II

6. If a Tier I Permit has been issued, provide Permit Number: ----------------

B. THIS FORM IS BEING USED TO: (check all that apply) [1012112o3p=·-~--~···-~J.

1. List Submittal Date of RAO Statement (if previously submitted): _ ·~-· .. mm/dd/yyyy





D -.___I ------~

a. Check here if this Revised RAO Statement covers additional Release Tracking Numbers (RTNs ), not listed on the RAO Statement or previously submitted Revised RAO Statements. RTNs that have been previously linked to a Tier Classified Primary RTN do not need to be listed here.



D D-1 '---------l










RESPONSE ACTION OUTCOME {RAO) STATEMENT



- 111005





7. Product or NAPL Recovery


Bioremediation








12. Air Sparging






iii. Describe: --------------------------------------1

D b. Landfill

D i. Cover

Facility Name:


------------- Town:


------------ State: -----i

Facility Name: ------------- Town: ------------ State:




c. Facility Name:------------- Town : ------------ State:


a. Specify Type and Volume: ----------------------------------l

b. Facility Name: ------------- Town: State:







E] - .... !1_1 o_os __ ___,



Describe: PERIODIC REVIEW PER MCP 310 CMR 40.1051. NO CHANGES TO REPORT


Describe: ----------------------------------------f

D. SITE USE:


a. Yes b.No c. Don't know






I2J a. Yes b. No c. Don't know




h. Potential Buyer (non-owner) [{) i. Other, describe: POTENTIALLY RESPONSIBLE PARTY



Specify the Class of Response Action Outcome that applies to the disposal site, or site of the Threat of Release. Select ONL Yone Class.




3. Class A-3 RAO: You MUST provide an implemented Activity and Use Limitation (AUL} and justification that reducing contamination to or approaching background levels is infeasible.







BWSC104


EJ - I..._~ :1_oo_s __,..)

0 a. Contamination is consistent with background levels 0 b. Contamination is NOT consistent with background levels.



'f1 8. Class C-1 RAO: You must submit a plan as specified at 310 CMR 40.0861 (2)(h). Indicate type of ongoing response I.Y.J actions.


[ZJ d. Other Specify: ..:S:.:Ec::Ec.:.A..:.;T,_,T'-'-A.:.::C:.:.H..:.:E:.:D"--------------------------1







a. S-1/GW-1 d. S-2/GW-1 g. S-3/GW-1

b. S-1/GW-2 e. S-2/GW-2 h. S-3/GW-2

c. S-1/GW-3 f. S-2/GW-3 i. S-3/GW-3








c. CAM not used.








BWSC104


- E~oos J



I am aware that significant penalties may result, including, but not limited to, possible fines and imprisonment, if 1 submit information which I know to be false, inaccurate or materially incomplete.

1. LSP #:

2. First Name: M Last Name: ~N_U_s_s _____________________________ ~

7. Signature: M NUSS



1. Check all that apply: b. change of address c. change in the person rA!':nnr1!':A actions

5. Street:

7. City/Town:

10. Telephone: 12. FAX:






1. RP or PRP a. Owner b. Operator IZJ c. Generator CJ d. Transporter

Fiduciary, Secured Lender or Municipality with Exempt Status (as defined by M.G.L. c. 21 E, s. 2)

3. Agency or Public Utility on a Right of Way (as defined by M.G.L. c. 21 r-·~----~··=-~--·~-~·--·----~~-~~~---·-----~1

4. Any Other Person Making Submittal Specify Relationship: '·---------------------'1







[Z] b. Notice was provided prior to, or concurrent with the submittal of this RAO Statement to the Department.

D c. Notice not required. d. Total number of property owners notified, if applicable: _1 _____ _








[Z] 9. Check here to certify that the LSP Opinion containing the material facts, data, and other information is attached.





1. I, W. , attest under the pains and penalties of perjury (i) that I have personally examined and am familiar with the information contained in this submittal, including any and all documents accompanying this transmittal form, (ii) that, based on my inquiry of those individuals immediately responsible for obtaining the information, the material information contained in this submittal is, to the best of my knowledge and belief, true, accurate and complete, and (iii) that I am fully authorized to make this attestation on behalf of the entity legally responsible for this submittal. 1/the person or entity on whose behalf this submittal is made am/is aware that there are significant penalties, including, but not limited to, possible fines and imprisonment, for willfully submitting false, inaccurate, or incomplete information.

2. By: 3. Title: PM ENV REMEDIATION Signature

f"·-~-·~"'-'""""~~"~··~"'''"'"'·~~··~·~··~······~"'"'""~'"'"''~-~"···-~·~···-------,

4. For: [GENERAL ELECTRIC CO __ j r:;:-----~--~·--~

5. Date: 112/19/2013 (Name of person or entity recorded in Section H) mm/dd/yyyy


7. Street:






Received by DEP on

12/23/2013 9:20:17 AM



E.8. The Class C-1 Response Action Outcome (RAO) was for a Temporary Solution implemented at this property, as described in Section 6.2 ofGE's Phase IV As-Built Construction and Final Inspection Report for the Commercial Street Site (Phase IV Final Report; October 20 I 0).

J.l. The periodic review ofthe Temporary Solution at Parcel KIO-II-I5 was subject to: (1) an Administrative Consent Order (ACO) executed by the General Electric Company (GE) and the Massachusetts Department of Environmental Protection (MDEP) in 2000 pertaining to GE's Pittsfield Facility and related sites (GEAC0500; SA 1-0563); and (2) an approval letter issued by the MDEP on June 22, 2011 forGE's Phase IV Final Report (October 20IO).

J.4. The location of Parcel K1 0-11-15, which is a part of Disposal Site No. GEAC0230 (Pittsfield NonResidential Fill Properties), is shown on Figures I and 2 of the Phase IV Final Report. Since the entire Disposal Site of which this property is a part consists of all non-residential properties within Pittsfield at which fill material from the GE Pittsfield facility may have come to be located, the location and boundaries of that entire Disposal Site cannot be defined.

J.5. For the same reason given in Item J.4 above (i.e., that the Disposal Site of which the subject areas are a part consists of all non-residential properties in Pittsfield at which fill material from the GE Pittsfield facility may have come to be located), notice cannot feasibly be provided to the owners of all properties within that Disposal Site. However, notice of the periodic Temporary Solution review has been provided to the owner of Parcel KIO-II-15.

J.9. The material facts, data, and other information relating to the periodic review and evaluation of the Temporary Solution at Parcel K 10-11-15 are set forth in the letter from GE to MDEP dated December 23, 2013, to which this Form BWSC104 is attached and which is incorporated by reference herein. The LSP Opinion provided in Section G ofthis Form BWSC104 is based upon and incorporates that information.


RESPONSE ACTION OUTCOME (RAO) STATEMENT Pursuant to 310 CMR 40. 1000 (Subpart J)

BWSC104


D - I.________. For sites with multiple RTNs, enter the Primary RTN above.

A. SITE LOCATION:

Parcel K10-11-16 (Part of Site No. GEAC0230)

1. Site Name/Location Aid: ------------------------------------1


Pittsfield 3. City/Town: -------------------

012010000 4. ZIPCode: ---------------------------4


D a. Tier lA D b. Tier 18 D c. Tier IC D d. Tier II






b. Provide additional Release Tracking Number(s) covered by this RAO Statement. D -I.________. D -.___I ______.




b. Provide additional Release Tracking Number(s) covered by this RAO Statement. D D-1 ....._ ___ ___.


D

0

D












BWSC104


D -I .__ ___ ___,

c. DESCRIPTION OF RESPONSE ACTIONS: (check all that apply; for volumes, list cumulative amounts)










0 ii. Off Site Estimated volume in cubic yards

iia. Facility Name: ------------- Town: ------------- State: ------1

iib. Facility Name:------------- Town: ------------ State:

iii. Describe: --------------------------------------1 D b. Landfill

D i. Cover

Facility Name:


------------- Town:


------------ State: ------1

Facility Name: ------------- Town: ------------ State: ------1



b. Facility Name:------------- Town: ------------ State: -----i

c. Facility Name:------------- Town: ------------ State: -----i



b. Facility Name: ------------- Town: State: -----l

c. Facility Name: ------------- Town: State: -----l





BWSC104


D - .___I ____,




Describe:--------------------------------------------------------------------------------~


Describe: ---------------------------------------------------------------------------------1

D. SITE USE:






D a. Yes 0 b. No D c. Don't know If Yes, identify program(s):


G a. Yes D b. No D c. Don't know


D D D

b. Community Development Corporation

d. Private Developer D e. Fiduciary

D c. Economic Development and Industrial Corporation

D f. Secured Lender D g. Municipality






D

D

D





Revised: 02/28/2006 Page 3 of 7




BWSC104


D - .___I -----l


D 5. Class 8-1 RAO: Specify one of the following:

D a. Contamination is consistent with background levels D b. Contamination is NOT consistent with background levels.

6. Class B-2 RAO: You MUST provide an implemented AUL. D

D 7. Class B-3 RAO: You MUST provide an implemented AUL and justification that reducing contamination to less than Upper Concentration Limits (UCLs) 15 feet below ground surface is infeasible.

1x1 8. Class C-1 RAO: You must submit a plan as specified at 310 CMR 40.0861(2)(h). Indicate type of ongoing response t..::J actions.


SEE ATTACHED EJ d. Other Specify: ---------------------------------1





0 d. Method Not Applicable-Contamination reduced to or consistent with background, or Threat of Release abated


D a. S-1/GW-1 0 d. S-2/GW-1 D g. S-3/GW-1

0 b. S-1/GW-2 D e. S-2/GW-2 0 h. S-3/GW-2

D c. S-1/GW-3 0 f. S-2/GW-3 D i. S-3/GW-3


0 a. GW-1 0 b. GW-2 0 c. GW-3 0 d. No Groundwater Impacted

. Specify remediation conducted:

0 a. Check here if soil remediation was conducted.

0 b. Check here if groundwater remediation was conducted.



0 c. CAM not used.

D 6. Check here to certify that the Class A, B or C Response Action Outcome includes a Data Usability Assessment and Data Representativeness Evaluation pursuant to 31 0 CMR 40.1056.





D - 1....___------J Pursuant to 310 CMR 40.1000 (Subpart J)


I attest under the pains and penalties of pe~ury that I have personally examined and am familiar with this transmittal form, including any and all documents accompanying this submittal. In my professional opinion and judgment based upon application of (i) the standard of care in 309 CMR 4.02(1 ), (ii) the applicable provisions of 309 CMR 4.02(2) and (3), and 309 CMR4.03(2), and (iii) the provisions of 309 CMR 4.03(3), to the best of my knowledge, information and belief,



7349

1. LSP#:

JAMES NUSS


5. Ext.: ---6. FAX: (315) 446-9161

7. Signature:


mm/dd/yyyy



GENERAL ELECTRIC CO 2. Name of Organization: -------------------------------------------------------------------1

GATES RICHARD 3. Contact First Name: --------------------------- 4. Last Name: -----------------------------1

5. Street: ______ 1_5_9 __ PLAS---T-IC_s __ Av_E_NU __ E _________ 6. Title: SR. PROJECT MGR, ENVIRONMENTAL REMEDIATION

PITTSFIELD MA 012010000 ----- 9. ZIP Code: 8. State: 7. City/Town:

10. Telephone: (413) 448-5909

11. Ext.: ---- 12. FAX:




BWSC104


D - ,___I ------~


~ 1. RPorPRP D a. Owner D b. Operator ~ c. Generator 0 d. Transporter

D e. Other RP or PRP Specify: ---------------------------1


D 3. Agency or Public Utility on a Right of Way (as defined by M.G.L. c. 21 E, s. 50))



1. Check here if the Response Action(s) on which this opinion is based, if any, are (were) subject to any order(s}, permit(s) E) and/or approval(s) issued by DEP or EPA. If the box is checked, you MUST attach a statement identifying the applicable

provisions thereof.

D

D







D

D

D
















BWSC104


D·l I

RICHARP w • GATEs , attest under the pains and penalties of perjury (i) that I have personally and am familiar with the information contained in this submittal, Including any and all documents accompanying this form, (ii) that, based on my inquiry of those Individuals Immediately responsible for obtaining the information, the

lm~at.,riiAI information contained in this submittal is, to the best of my knowledge and belief, true, accurate and complete, and (iii) 1 am fully authorized to make this attestation on behalf of the entity legally responsible for this submittal. lfthe person or

on whose behalf this submittal Is made mils aware that there are slgnlftcant penalties, Including, but not limited to, lpotsslblefines a Imprisonment, for willful su mlttlng false, inaccurate, or incomplete Information.

ti'IYIAM.A tV. a. Tltfe: SR. PROJECT MGR, ENVIRONMENTAL

GENERAL ELECTRIC CO

(Name of person or entity recorded In Section H)

D 6. Check here if the address of the person providing certification is different from address recorded In Section H.

7. Street:

B.Ceyffown: ------------------------------- 9. State: 10. ZIP Code: -----........

.11. Telephone: 12. Ext.: 13. FAX:

YOU ARE SUBJECT TO AN ANNUAL COMPUANCE ASSURANCE FEE OF UP TO $10,000 PER BILLABLE YEAR FOR THIS DISPOSAL SITE. YOU MUST LEGIBLY COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY RETURN THE DOCUMENT AS INCOMPLETE. IF YOU

INCOMPLETE YOU MAY BE PENALIZED FOR MISSING A REQUIRED DEADUNE.

Date Stamp (OEP USE ONLY:}




J.l. The periodic review of the Temporary Solution at Parcel K 10-11-16 was subject to: (I) an Administrative Consent Order (ACO) executed by the General Electric Company (GE) and the Massachusetts Department of Environmental Protection (MDEP) in 2000 pertaining to GE's Pittsfield Facility and related sites (GEAC0500; SA 1-0563); and (2) an approval letter issued by the MDEP on June 22, 2011 forGE's Phase IV Final Report (October 2010).

J.4. The location of Parcel KIO-ll-16, which is a part of Disposal Site No. GEAC0230 (Pittsfield NonResidential Fill Properties), is shown on Figures 1 and 2 of the Phase IV Final Report. Since the entire Disposal Site of which this property is a part consists of all non-residential properties within Pittsfield at which fill material from the GE Pittsfield facility may have come to be located, the location and boundaries of that entire Disposal Site cannot be defined.





BWSC104


D - I._______, For sites with multiple RTNs, enter the Primary RTN above.

A. SITE LOCATION:


1. Site Name/Location Aid: ------------------------------------1


Pittsfield 012010000 3. City/Town: ------------------- 4. ZIPCode: ----------------------------~








b. Provide additional Release Tracking Number(s) covered by this RAO Statement. D- .___I __.




b. Provide additional Release Tracking Number(s) covered by this RAO Statement. D D- .___I __.


D

0

D












BWSC104


D - I.________.


D D D D D D D D D






11. Bioremediation

13. Monitored Natural Attenuation

15. Removal of Contaminated Soils

D 2. Temporary Covers or Caps

D 4. Treatment of Water Supplies

D 6. Engineered Barrier

D 8. Fencing and Sign Posting

D 10. Soil Vapor Extraction

D 12. Air Sparging

D 14. In-situ Chemical Oxidation

a. Re-use, Recycling or Treatment D i. On Site Estimated volume in cubic yards


iia. Facility Name: ------------- Town: ------------- State: -----1


iii. Describe: --------------------------------------1

D b. Landfill

D i. Cover Estimated volume in cubic yards



Facility Name: ------------- Town: ------------- State:



b. Facility Name:------------- Town: ------------ State:

c. Facility Name:------------- Town: ------------ State:




c. Facility Name: ------------- Town: State:





BWSC104


D - .___I ______.





Describe:--------------------------------------------------------------------------------~

D. SITE USE:






0 a. Yes 0 b. No 0 c. Don't know If Yes, identify program(s):


G a. Yes 0 b. No 0 c. Don't know


0 b. Community Development Corporation 0 c. Economic Development and Industrial Corporation

0 d. Private Developer 0 e. Fiduciary 0 f. Secured Lender 0 g. Municipality

0 h. Potential Buyer (non-owner) C.] i. Other, describe: POTENTIALLY RESPONSIBLE PARTY





0

0

0









BWSC104


D -I '---------' E. RESPONSE ACTION OUTCOME CLASS (cont.):


D

D






D EJ

a. Active Remedial System D b. Active Remedial Monitoring Program 0 c. None

SEE ATTACHED d. Other Specify: ---------------------------------1




0 a. Method 1 0 b. Method 2 D c. Method 3











5. Specify whether the analytical data used to support the Response Action Outcome was generated pursuant to the Department's Compendium of Analytical Methods (CAM) and 31 0 CMR 40.1056:


D c. CAM not used.






D -I Pursuant to 310 CMR 40.1000 (Subpart J) '-------1





7349

1. LSP #:

JAMES NUSS

2. First Name: 3. Last Name: ----------------------------~

5. Ext.: __ _ 6. FAX: {315) 446-9161

7. Signature:


mm/dd/yyyy



GENERAL ELECTRIC CO

2. Name of Organization: ------------------------------------~

GATES RICHARD 3. Contact First Name: ----------------- 4. Last Name: -----------------1

5. Street ------1-5-9--PL_A_s_T_Ic_s_A_VE_NU_E _______ 6. Title: SR. PROJECT MGR, ENVIRONMENTAL REMEDIATION

PITTSFIELD MA 012010000 ---- 9. ZIP Code: 8. State: 7. City/Town:

10. Telephone: {413) 448-5909

11. Ext.: ---- 12. FAX:




Pursuant to 310 CMR 40. 1000 (Subpart J)

BWSC104


D - .___I -----J


~ 1. RPorPRP D a. Owner D b. Operator ~ c. Generator D d. Transporter

0 e. Other RP or PRP Specify: ----------------------------1





1. Check here if the Response Action(s) on which this opinion is based, if any, are (were) subject to any order(s), permit(s) IKJ and/or approval(s) issued by DEP or EPA. If the box is checked, you MUST attach a statement identifying the applicable

provisions thereof.

D

D








II] b. Notice was provided prior to, or concurrent with the submittal of this RAO Statement to the Department.



6. Check here if required to submit one or more AULs. You must submit an AUL Transmittal Form (BWSC113) and a D copy of each implemented AUL related to this RAO Statement. Specify the type of AUL(s) below: (required for Class


D

D







EJ 9. Check here to certify that the LSP Opinion containing the material facts, data, and other information is attached.



RESPONSE ACTION OUTCOME (RAO) STATEMENT Pursuant to 310 CMR 40.1000 (SubpartJ)


D-1 I

RICHARD w • GATES , attest under the pains and penalties of pe~ury (i) that 1 have personally and am familiar with the information contained in this submittal, Including any and all documents accompanying this

ltn:tns•nrttal form, (ii) that, based on my Inquiry of those individuals Immediately responsible for obtaining the information, the •m~ner.•a• information contained in this submittal is, to the best of my knowledge and belief, true, accurate and complete, and (Iii)

I am fully authorized to make this attestation on behalf of the entity legally responsible for this submittal. lfthe person or on whose behalf this submittal is made mils aware that there are slgnillcant penalties, including, but not limited to,

IPOiiiSID'Iefines e imprisonment, for willful su mltting false, inaccurate, or incomplete Information.

VVIAMAtV. 3, Title: SR. PROJECT MGR, ENVIRONMENTAL

GENERAL ELECTRIC CO


D 6. Check here If the address of the person providing certification Is different from address recorded In Section H.

7. Street

B.Ceyflown: ------------------------------- 9. State: 10. ZIP Code: -------1 11. Telephone: 12. Ext.: 13. FAX:

YOU ARE SUBJECT TO AN ANNUAL COMPUANCE ASSURANCE FEE OF UP TO $10,000 PER BILLABLE YEAR FOR THIS DISPOSAL SITE. YOU MUST LEGIBLY COMPLETE AU. RELEVANT SECnONS OF THIS FORM OR DEP MAY RETURN THE DOCUMENT AS INCOMPLETE. IF YOU

YOU MAY REQUIRED


Revised: 02128/2006 Page7of7



1.1. The periodic review of the Temporary Solution at Parcel K1 0-11-17 was subject to: (1) an Administrative Consent Order (ACO) executed by the General Electric Company (GE) and the Massachusetts Department of Environmental Protection (MDEP) in 2000 pertaining to GE's Pittsfield Facility and related sites (GEAC0500; SA 1-0563); and (2) an approval letter issued by the MDEP on June 22, 2011 forGE's Phase IV Final Report (October 2010).

J.4. The location ofParcel K10-11-17, which is a part ofDisposal Site No. GEAC0230 (Pittsfield NonResidential Fill Properties), is shown on Figures 1 and 2 ofthe Phase IV Final Report. Since the entire Disposal Site of which this property is a part consists of all non-residential properties within Pittsfield at which fill material from the GE Pittsfield facility may have come to be located, the location and boundaries of that entire Disposal Site cannot be defined.

J.5. For the same reason given in Item J.4 above (i.e., that the Disposal Site of which the subject areas are a part consists of all non-residential properties in Pittsfield at which fill material from the GE Pittsfield facility may have come to be located), notice cannot feasibly be provided to the owners of all properties within that Disposal Site. However, notice of the periodic Temporary Solution review has been provided to the owner of Parcel K1 0-11-17.

J.9. The material facts, data, and other information relating to the periodic review and evaluation of the Temporary Solution at Parcel K10-11-17 are set forth in the letter from GE to MDEP dated December 23, 2013, to which this Form BWSC104 is attached and which is incorporated by reference herein. The LSP Opinion provided in Section G ofthis Form BWSC104 is based upon and incorporates that information.



BWSC104


D - .___I _____.

For sites with multiple RTNs, enter the Primary RTN above.

A. SITE LOCATION:


1. Site Name/Location Aid: -----------------------------------~

1440 East Street 2. Street Address:

Pittsfield 012010000 3. City/Town: ------------------- 4. ZIPCode: ----------------------------4









D- .___I _ D -I..._______. D 3. Submit a Revised Response Action Outcome Statement



b. Provide additional Release Tracking Number(s) covered by this RAO Statement. D D -I.___----~


D

0

D












BWSC104


D - .___I _____.









0 15. Removal of Contaminated Soils



iia. Facility Name: ------------Town:------------ State:


iii. Describe: ------------------------------------1

0 b. Landfill

0 i. Cover

Facility Name:


------------ Town:


------------ State:

Facility Name: ------------ Town: ------------ State:





0 17. Removal of Other Contaminated Media:

a. Specify Type and Volume: -------------------------------1


c. Facility Name: ------------ Town: State:





BWSC104


D - .___I ------~




Describe:--------------------------------------------------------------------------------~


Describe:--------------------------------------------------------------------------------~

D. SITE USE:








[3 a. Yes 0 b. No 0 c. Don't know


D D D


d. Private Developer 0 e. Fiduciary

0 c. Economic Development and Industrial Corporation

0 f. Secured Lender 0 g. Municipality

h. Potential Buyer (non-owner) 0 i. Other, describe: POTENTIALLY RESPONSIBLE PARTY





D

D

D









BWSC104


D - ...__I ----~


0 5. Class B-1 RAO: Specify one of the following:

0

0

0 a. Contamination is consistent with background levels







0 9. Class C-2 RAO: You must hold a valid Tier I Permit or Tier II Classification to continue response actions toward a Permanent Solution.




0 d. Method Not Applicable-Contamination reduced to or consistent with background, or Threat of Release abated


0 a. S-1/GW-1 0 d. S-2/GW-1 0 g. S-3/GW-1

0 b. S-1/GW-2 0 e. S-2/GW-2 0 h. S-3/GW-2

0 c. S-1/GW-3 0 f. S-2/GW-3 0 i. S-3/GW-3


0 a. GW-1 0 b. GW-2 0 c. GW-3 0 d. No Groundwater Impacted


0 a. Check here if soil remediation was conducted.

0 b. Check here if groundwater remediation was conducted.


0 a. CAM used to support all analytical data. 0 b. CAM used to support some of the analytical data.

0 c. CAM not used.

O 6. Check here to certify that the Class A, B or C Response Action Outcome includes a Data Usability Assessment and Data Representativeness Evaluation pursuant to 310 CMR 40.1056.





D - ~...-.-1 _____. Pursuant to 310 CMR 40.1000 (Subpart J)



> if Section 8 indicates that either an RAO Statement, Phase I Completion Statement and/or Periodic Review Opinion is being provided, the response action(s) that is (are) the subject of this submittal (i) has (have) been developed and implemented in accordance with the applicable provisions of M.G.L. c. 21 E and 310 CMR 40.0000, (ii) is (are) appropriate and reasonable to accomplish the purposes of such response action(s) as set forth in the applicable provisions of M.G.L. c. 21E and 310 CMR 40.0000, and (iii) comply(ies) with the identified provisions of all orders, permits, and approvals identified in this submittal.

1 am aware that significant penalties may result, including, but not limited to, possible fines and imprisonment, if 1 submit information which I know to be false, inaccurate or materially incomplete.

7349 1. LSP #:

JAMES NUSS


5. Ext.: ---6. FAX: (315) 446-9161

7. Signature:


mmlddlyyyy



GENERAL ELECTRIC CO 2. Name of Organization: ------------------------------------------------------------1

GATES RICHARD 3. Contact First Name: --------------------- 4. Last Name: -----------------~

5. Street: ________ 1_5_9 __ PL_AS __ T_Ic_s __ Av_E_NU __ E __________ 6. Title: SR. PROJECT MGR, ENVIRONMENTAL REMEDIATION


(413) 448-5909 10. Telephone: 11.Ext.: ---- 12. FAX:





BWSC104


D - .___I _____..


~ 1. RPorPRP D a. Owner D b. Operator ~ c. Generator D d. Transporter

D e. Other RP or PRP Specify: --------------------------1


·D 3. Agency or Public Utility on a Right of Way (as defined by M.G.L. c. 21 E, s. 5U))



1. Check here if the Response Action(s) on which this opinion is based, if any, are (were) subject to any order(s), permit(s) EQ and/or approval{s) issued by DEP or EPA. If the box is checked, you MUST attach a statement identifying the applicable

provisions thereof.

D

D







D

D

D



D c. Notice not required. d. Total number of property owners notified, if applicable: __ 1 ____ _












BWSC104


D -I I

RICHARD w • GATEs , attest under the pains and penalties of perjury (i) that I have personally .... v ... m., .... rt and am familiar with the information contained in this submittal, including any and all documents accompanying this ltr:.nc•nitt:~~l form, (ii) that, based on my inquiry of those Individuals Immediately responsible for obtaining the information, the nnoiiAiliRI information contained In this submittal is, to the best of my knowledge and belief, true, accurate and complete, and (iii)

1 am fully authorized to make this attestation on behalf of the entity legally responsible for this submittal. lithe person or on whose behalf this submittal is made mils aware that there are signlllcant penalties, Including, but not limited to,

IPOISSIOiefines a imprisonment, for willful su mltting false, inaccurate, or Incomplete information.

VV'HMAtV. S. Title: SR. PROJECT HGR, ENVIRONMENTAI.

GENERAI. ELECTRIC CO

(Name of person or entity recorded in Section H)

D 6. Check here if the address of the person providing certification is different from address recorded In Section H.

7. Street

a.ceyrrown: ------------------------------ 9. State: 10. ZIP Code: --------1 .11. Telephone: 12. Ext.: 13. FAX:

YOU ARE SUBJECT TO AN ANNUAL COMPUANCE ASSURANCE FEE OF UP TO $10,000 PER BILLABLE YEAR FOR THIS DISPOSAL SITE. YOU MUST LEGIBLY COIIIIPLETE AU. RELEVANT SECTIONS OF THIS FORM OR DEP MAY RETURN THE DOCUMENT AS INCOMPLETE. IF YOU

INCOMPLETE YOU MAY BE PENALIZED FOR MISSING A REQUIRED DEADUNE.

Date Stamp (OEP USE ONLY:)



E.8. The Class C-1 Response Action Outcome (RAO) was for a Temporary Solution implemented at this property, as described in Section 6.2 of GE's Phase IV As-Built Construction and Final Inspection Report for the Commercial Street Site (Phase IV Final Report; October 2010).

J.1. The periodic review of the Temporary Solution at Parcel K10-11-19 was subject to: (1) an Administrative Consent Order (ACO) executed by the General Electric Company (GE) and the Massachusetts Department ofEnvironmenta1 Protection (MDEP) in 2000 pertaining to GE's Pittsfield Facility and related sites (GEAC0500; SA 1-0563); and (2) an approval letter issued by the MDEP on June 22, 2011 forGE's Phase IV Final Report (October 2010).

J.4. The location of Parcel KI0-11-19, which is a part of Disposal Site No. GEAC0230 (Pittsfield NonResidential Fill Properties), is shown on Figures I and 2 of the Phase IV Final Report. Since the entire Disposal Site of which this property is a part consists of all non-residential properties within Pittsfield at which fill material from the GE Pittsfield facility may have come to be located, the location and boundaries of that entire Disposal Site cannot be defined.

J.5. For the same reason given in Item J.4 above (i.e., that the Disposal Site of which the subject areas are a part consists of all non-residential properties in Pittsfield at which fill material from the GE Pittsfield facility may have come to be located), notice cannot feasibly be provided to the owners of all properties within that Disposal Site. However, notice of the periodic Temporary Solution review has been provided to the owner ofParcel KI0-11-19.

J.9. The material facts, data, and other information relating to the periodic review and evaluation of the Temporary Solution at Parcel K I 0-11-19 are set forth in the letter from GE to MDEP dated December 23, 2013, to which this Form BWSC104 is attached and which is incorporated by reference herein. The LSP Opinion provided in Section G ofthis Form BWSC104 is based upon and incorporates that information.


RESPONSE ACTION OUTCOME {RAO) STATEMENT Pursuant to 310 CMR 40.1000 (Subpart J)

BWSC104


D- .___I _ For sites with multiple RTNs, enter the Primary RTN above.

A. SITE LOCATION: Parcel K10-11-101 (Part of Site No. GEAC0230)

1. Site Name/Location Aid: -------------------------------------1 40 Commercial Street

2. Street Address:

Pittsfield 012010000 3. City/Town: ------------------- 4. ZIPCode: ---------------------------~






0 2. Submit a Response Action Outcome (RAO) Statement

10/21/2010

mm/dd/yyyy

O a. Check here if this RAO Statement covers additional Release Tracking Numbers (RTNs). RTNs that have been previously linked to a Tier Classified Primary RTN do not need to be listed here.

b. Provide additional Release Tracking Number(s) covered by this RAO Statement D -1'----------l

0 3. Submit a Revised Response Action Outcome Statement

a. Check here if this Revised RAO Statement covers additional Release Tracking Numbers (RTNs), not listed on the O RAO Statement or previously submitted Revised RAO Statements. RTNs that have been previously linked to a Tier


b. Provide additional Release Tracking Number(s) covered by this RAO Statement D D-1 ..__ ___ ___,

0 4. Submit a Response Action Outcome Partial (RAO-P) Statement

0

0

0


Also, specify if you are an Eligible Person or Tenant pursuant to M.G.L c. 21 E s.2, and have no further obligation to conduct response actions on the remaining portion(s) of the disposal site:

0 a. Eligible Person 0 b. Eligible Tenant









BWSC104


D - .___I _____.












iia. Facility Name: ------------Town: ------------ State: -----1


iii. Describe:------------------------------------1

D b. Landfill

D i. Cover

Facility Name:


------------ Town:


------------ State:

Facility Name: ------------ Town: ------------ State:




c. Facility Name:------------- Town: ------------ State: ------1




c. Facility Name: ------------ Town: State:





BWSC104


D -I.____. C. DESCRIPTION OF RESPONSE ACTIONS (cont): (check all that apply; for volumes, list cumulative amounts)


PERIODIC REVIEW PER MCP 310 CMR 40.1051. NO CHANGES TO REPORT. Describe:----------------------------------------------------------------------------------~


Describe:---------------------------------------------------------------------------------~

D. SITE USE:








G a. Yes 0 b. No 0 c. Don't know


D D D


d. Private Developer 0 e. Fiduciary

0 c. Economic Development and Industrial Corporation

0 f. Secured Lender 0 g. Municipality






D

D

D









BWSC104


D- .__I __



D

D











0 a. Method 1 0 b. Method 2 D c. Method 3













D c. CAM not used.






D - ~...---1 ----~ Pursuant to 310 CMR 40.1000 (Subpart J)





7349 1. LSP#:

JAMES NUBS


5. Ext.: 6. FAX: (315) 446-9161

7. Signature:


mm/dd/yyyy

H. PERSON MAKING SUBMITIAL:


GENERAL ELECTRIC CO 2. Name of Organization: ------------------------------------------------------------1

GATES RICHARD 3. Contact First Name: ------------------------ 4. Last Name: -------------------------1

5. Street: --------1-5-9--PLAS---T-IC_s __ Av_E_NU_E ___________ 6. Title: SR. PROJECT MGR, ENVIRONMENTAL REMEDIATION


10. Telephone: (413) 448-5909

11.Ext.: ---- 12. FAX:





BWSC104


D -I ~-------' I. RELATIONSHIP TO RELEASE OR THREAT OF RELEASE OF PERSON MAKING SUBMITTAL:

0 1. RP orPRP 0 a. Owner D b. Operator 0 c. Generator D d. Transporter

0 e. Other RP or PRP Specify: --------------------------1





1. Check here if the Response Action(s) on which this opinion is based, if any, are (were) subject to any order(s), permit(s) [] and/or approval(s) issued by DEP or EPA. If the box is checked, you MUST attach a statement identifying the applicable

provisions thereof.

D

D




must document the location and boundaries for both the portion subject to this submittal and, to the extent defined, the entire Disposal Site.







6. Check here if required to submit one or more AULs. You must submit an AUL Transmittal Form (BWSC113) and a D copy of each implemented AUL related to this RAO Statement. Specify the type of AUL(s) below: (required for Class


D

D







9. Check here to certify that the LSP Opinion containing the material facts, data, and other information is attached.





D-1 I

, attest under the pains and penalties of perjury (i) that I have personally and am familiar with the information contained in this submittal, Including any and all documents accompanying this

unomSilllrT .. I form, (ii) that, based on my inquiry of those Individuals Immediately responsible for obtaining the information, the •m •• , ... ,, .. , Information contained in this submittal is, to the best of my knowledge and belief, true, accurate and complete, and (Iii)

am fully authorized to make this attestation on behalf of the entity legally responsible for this submittal. lithe person or on whose behalf this submittal is made mils aware that there are slgnlftcant penalties, Including, but not limited to,

lpo:ssib1le fines a Imprisonment, for willful su mltting false, inaccurate, or Incomplete Information.

IAI'IAM..AtV. J. Title: SR. PROJECT MGR, ENVIRONMENTAL

GENERAL ELECTRIC CO

{Name of person or entity recorded in Section H)

D 6. Check here If the address of the person providing certification is different from address recorded In Section H.

7. Street

S.C~ffown: ------------------------------ 9. State: 10. ZIP Code: ______ ,..


YOU ARE SUBJECT TO AN ANNUAL COMPUANCE ASSURANCE FEE OF UP TO $10,000 PER BIUABLE YEAR FOR THIS DISPOSAL SITE. YOU MUST LEGIBLY CONFLETE ALL RELEVANT SECnONS OF THIS FORM OR DEP MAY RETURN THE DOCUMENT AS INCOMPLETE. IF YOU

SUBMn' AN Y BE A REQUIRED DEADUNE.


Revised: 02128/2006 Page7of7

ATTACHMENT TO FORM BWSC104 FOR PARCEL K10-11-101, PITTSFIELD, MASSACHUSETTS


J.l. The periodic review of the Temporary Solution at Parcel K10-11-101 was subject to: (1) an Administrative Consent Order (ACO) executed by the General Electric Company (GE) and the Massachusetts Department of Environmental Protection (MDEP) in 2000 pertaining to GE's Pittsfield Facility and related sites (GEACOSOO; SA 1-0563); and (2) an approval letter issued by the MDEP on June 22, 2011 forGE's Phase IV Final Report (October 2010).

J.4. The location ofParcel K10-11-101, which is a part ofDisposal Site No. GEAC0230 (Pittsfield Non-Residential Fill Properties), is shown on Figures 1 and 2 ofthe Phase IV Final Report. Since the entire Disposal Site of which this property is a part consists of all non-residential properties within Pittsfield at which fill material from the GE Pittsfield facility may have come to be located, the location and boundaries of that entire Disposal Site cannot be defined.

J.S. For the same reason given in Item J.4 above (i.e., that the Disposal Site of which the subject areas are a part consists of all non-residential properties in Pittsfield at which fill material from the GE Pittsfield facility may have come to be located), notice cannot feasibly be provided to the owners of all properties within that Disposal Site. However, notice of the periodic Temporary Solution review has been provided to the owner of Parcel K10-11-101.

J.9. The material facts, data, and other information relating to the periodic review and evaluation of the Temporary Solution at Parcel K10-11-101 are set forth in the letter from GE to MDEP dated December 23,2013, to which this Form BWSC104 is attached and which is incorporated by reference herein. The LSP Opinion provided in Section G of this Form BWSC104 is based upon and incorporates that information.



BWSC104


[!] - !15454 1 For sites with multiple RTNs, enter the Primary RTN above.

A. SITE LOCATION:







0 a. Check here if this RAO Statement covers additional Release Tracking Numbers (RTNs). RTNs that have been previously linked to a Tier Classified Primary RTN do not need to be listed here.



D -!....________.

a. Check here if this Revised RAO Statement covers additional Release Tracking Numbers (RTNs ), not listed on the RAO Statement or previously submitted Revised RAO Statements. RTNs that have been previously linked to a Tier Classified Primary RTN do not need to be listed here.



D D -~..---1 _____.













EJ - .... [15_4_54 _ __,







Bioremediation








12. Air Sparging




iia. Facility Name: ------------- Town: ------------- State: ------1


iii. Describe: --------------------------------------1 0 b. Landfill

0 i. Cover

Facility Name:


------------- Town:

0 ii. Disposal Estimated volume in cubic yards

------------ State: -----t





c. Facility Name:------------- Town: ------------ State:


a. Specify Type and Volume: --------------------------------1








EJ - 115454





Describe: ---------------------------------------1

D. SITE USE:








0 a. Yes b. No c. Don't know


















BWSC104


- 115454




f7l 8. Class C-1 RAO: You must submit a plan as specified at 310 CMR 40.0861 (2)(h). Indicate type of ongoing response l!....l actions.

D a. Active Remedial System 0 b. Active Remedial Monitoring Program D c. None

12J d. Other Specify: -==S'-"'E==E'--"A.:!.T'-'T'-!:A"-'C~H_,_,E::o.:D~-------------------------J







a. S-1/GW-1 d. S-2/GW-1 g. S-3/GW-1

b. S-1/GW-2 e. S-2/GW-2 h. S-3/GW-2

c. S-1/GW-3 f. S-2/GW-3 i. S-3/GW-3








c. CAM not used.








BWSC104


- ~5454 J




2. First Name: Last Name: NUSS ~------------------------------------------------~

6. FAX: t3154469161

7. Signature: S M NUSS



1. Check all that apply: b. change of address c. change in the person actions

5. Street:

10. Telephone: 9 12. FAX:





- 15454


(ll 1. RP or PRP a. Owner b. Operator IZ] c. Generator d. Transporter

e. Other RP or PRP Specify: L......-----·-----·------~·-·---------------'1

2. Fiduciary, Secured Lender or Municipality with Exempt Status (as defined by M.G.L. c. 21 E, s. 2)

4. Any Other Person Making Submittal Specify Relationship: '·---------------------iJ






D [Z]

a. Notice was provided prior to, or concurrent with the submittal of a Phase II Completion Statement to the Department.

b. Notice was provided prior to, or concurrent with the submittal of this RAO Statement to the Department.













BWSC104


4~~::~.:: .•. ~~:.: •• =~=: .. :.~=-·"····-··~···~····-·-·······~·············~--...1, attest under the pains and penalties of perjury (i) that I have personally and am with the information contained in this submittal, including any and all documents accompanying this

transmittal form, (ii) that, based on my inquiry of those individuals immediately responsible for obtaining the information, the material information contained in this submittal is, to the best of my knowledge and belief, true, accurate and complete, and (iii) that I am fully authorized to make this attestation on behalf of the entity legally responsible for this submittal. 1/the person or entity on whose behalf this submittal is made am/is aware that there are significant penalties, including, but not limited to, possible fines and imprisonment, for willfully submitting false, inaccurate, or incomplete information.

2. By: 3. Title: ENV REMEDIATION Signature

4. For: [Cia4eR"AL:-el.ecrR:Icco··-~····~·-·~~---------~ s. Date: 12/19/2013

~------~~--------~ mm/dd/yyyy (Name of person or entity recorded in Section H)


7. Street:


11. Telephone: 12.Ext.: 13. FAX:




Received by DEP on

12/23/2013 9:19:29 AM


ATTACHMENT TO FORM BWSC104 FOR PARCEL K1 0-11-102, PITTSFIELD, MASSACHUSETTS


J.l. The periodic review of the Temporary Solution at Parcel KI0-11-102 was subject to: (1) an Administrative Consent Order (ACO) executed by the General Electric Company (GE) and the Massachusetts Department of Environmental Protection (MDEP) in 2000 pertaining to GE's Pittsfield Facility and related sites (GEAC0500; SA 1-0563); and (2) an approval letter issued by the MDEP on June 22, 2011 forGE's Phase IV Final Report (October 2010).

1.4. The location ofParcel Kl0-11-102, which is a part ofDisposal Site No. GEAC0230 (Pittsfield Non-Residential Fill Properties), is shown on Figures 1 and 2 of the Phase IV Final Report. Since the entire Disposal Site of which this property is a part consists of all non-residential properties within Pittsfield at which fill material from the GE Pittsfield facility may have come to be located, the location and boundaries of that entire Disposal Site cannot be defined.

1.5. For the same reason given in Item 1.4 above (i.e., that the Disposal Site of which the subject areas are a part consists of all non-residential properties in Pittsfield at which fill material from the GE Pittsfield facility may have come to be located), notice cannot feasibly be provided to the owners of all properties within that Disposal Site. However, notice of the periodic Temporary Solution review has been provided to the owner of Parcel K1 0-11-102.

1.9. The material facts, data, and other information relating to the periodic review and evaluation of the Temporary Solution at Parcel K 10-11-102 are set forth in the letter from GE to MDEP dated December 23, 2013, to which this Form BWSCI04 is attached and which is incorporated by reference herein. The LSP Opinion provided in Section G of this Form BWSC104 is based upon and incorporates that information.



BWSC104


EJ - 113893 1 For sites with multiple RTNs, enter the Primary RTN above.

A. SITE LOCATION:

1. Site Name/Location Aid: K-10-11-11 PART OF SITE GEAC0230

2. Street Address:


D a. Tier lA D b. Tier 18 D c. Tier IC D d. Tier II



r:t-0/211201o-_ .. -=--] 1. List Submittal Date of RAO Statement (if previously submitted): ~ .. __ mm/dd/yyyy



b. Provide additional Release Tracking Number(s) D _ I D _ j covered by this RAO Statement. . '-· -----l





D D-1 '--------'













EJ - ~....113_8_93 __ ........~







Bioremediation








12. Air Sparging




iia. Facility Name: -------------Town: ------------- State:


iii. Describe: --------------------------------------1

0 b. Landfill

0 i. Cover

Facility Name:


------------- Town:


------------ State: ------1







a. Specify Type and Volume: -----------------------------------1








EJ - ~.....113_8_93 __ ..........~





Describe: ---------------------------------------1

D. SITE USE:






0 a. Yes b. No c. Don't know If Yes, identify program(s): ----------------1


I2J a. Yes b.No c. Don't know


















BWSC104


- 113893




1{1 8. Class C-1 RAO: You must submit a plan as specified at 310 CMR 40.0861 (2)(h). Indicate type of ongoing response L!:J actions.


121 d. Other Specify: .!:S:.:E::E:..::A:!..T!....!TC!:A~C~H.!.!E=.!D~------------------------1







a. S-1/GW-1 d. S-2/GW-1 g. S-3/GW-1

b. S-1/GW-2 e. S-2/GW-2 h. S-3/GW-2

c. S-1/GW-3 f. S-2/GW-3 i. S-3/GW-3








c. CAM not used.








BWSC104


I attest under the pains and penalties of perjury that I have personally examined and am familiar with this transmittal form, including any and all documents accompanying this submittal. In my professional opinion and judgment based upon application of (i) the standard of care in 309 CMR 4.02(1 ), (ii) the applicable provisions of 309 CMR 4.02(2) and (3), and 309 CMR4.03(2), and (iii) the provisions of309 CMR 4.03(3), to the best of my knowledge, information and belief,


I am aware that significant penalties may result, including, but not limited to, possible fines and imprisonment, if I submit information which I know to be false, inaccurate or materially incomplete.

M

4. Telephone:

7. Signature:



1. Check all that apply: c. change in the person rocnnr'"'"' actions

b. change of address

5. Street:

7. City/Town: 8. State: 9. ZIP Code: 0000

10. Telephone: 12. FAX:






- 13893


!Zl 1. RP or PRP 0 a. Owner b. Operator IZJ c. Generator 0 d. Transporter

e. Other RP or PRP Specify: ~-·--··--~---~-------·-----~--------·--------..11


4. Any Other Person Making Submittal Specify Relationship: '---------------------...!.1






D [Z]











9. Check here to certify that the LSP Opinion containing the material facts, data, and other information is attached.




BWSC104


- F3sg;-J

t: . .::~;::.::: . ..::.~,::.~, ... :: . .:::.;:,:"' .. - ... ".~·, ... , .. " ... --·· .. -·-··-~---~-", attest under the pains and penalties of perjury (i) that I have personally and am familiar with the information contained in this submittal, including any and all documents accompanying this

transmittal form, (ii) that, based on my inquiry of those individuals immediately responsible for obtaining the information, the material information contained in this submittal is, to the best of my knowledge and belief, true, accurate and complete, and (iii) that I am fully authorized to make this attestation on behalf of the entity legally responsible for this submittal. lithe person or entity on whose behalf this submittal is made am/is aware that there are significant penalties, including, but not limited to, possible fines and imprisonment, for willfully submitting false, inaccurate, or incomplete information.

2. By: W. Gates Signature

4. For: [GE.N"E"R:A:L:Ei..ecrRic.co"·~···-~·oo· .. -·-~·--~· .. ~-·----]

5. Date: ~...1_2_11_91_2_o_13 _______ --~~

(Name of person or entity recorded in Section H) mm/dd/yyyy


7. Street:






Received by DEP on

12/23/2013 9:21:09 AM





J.4. The location of Parcel K 10-11-11, which is a part of Disposal Site No. GEAC0230 (Pittsfield NonResidential Fill Properties), is shown on Figures 1 and 2 of the Phase IV Final Report. Since the entire Disposal Site of which this property is a part consists of all non-residential properties within Pittsfield at which fill material from the GE Pittsfield facility may have come to be located, the location and boundaries of that entire Disposal Site cannot be defined.




RESPONSE ACTION OUTCOME (RAO) STATEMENT Pursuant to 310 CMR 40. 1000 (Subpart J)

BWSC104


D-For sites with multiple RTNs, enter the Primary RTN above.

A. SITE LOCATION: Parcel Kl0-11-13 (Part of Site No. GEAC0230)

1. Site Name/Location Aid: ------------------------------------1 50 Commercial Street

2. Street Address:

Pittsfield 012010000 3. City/Town: ------------------- 4. ZIP Code: ---------------1








b. Provide additional Release Tracking Number(s) covered by this RAO Statement. D -.___I -----~




b. Provide additional Release Tracking Number(s) covered by this RAO Statement. D D-1 '-------l


D

0

D












BWSC104


D - .__I ----l












iia. Facility Name: ------------Town:------------ State: -----1


iii. Describe: ------------------------------------1 D b. Landfill

D i. Cover Estimated volume in cubic yards

Facility Name: ------------ Town: ------------ State: -----1


Facility Name: ------------ Town: ------------ State: -----1




c. Facility Name:------------- Town: ------------ State: -----1




c. Facility Name:------------ Town: State: -----1





BWSC104


D- ..__I __,





Describe:--------------------------------------------------------------------------------~

D. SITE USE:






D a. Yes E) b. No D c. Don't know If Yes, identify program(s):


[3 a. Yes D b. No D c. Don't know


D b. Community Development Corporation D c. Economic Development and Industrial Corporation

D d. Private Developer D e. Fiduciary D f. Secured Lender D g. Municipality

D h. Potential Buyer (non-owner) 0 i. Other, describe: POTENTIALLY RESPONSIBLE PARTY





D

D

D










D -I ...__ ___ ___,




D 6. Class B-2 RAO: You MUST provide an implemented AUL.

D 7. Class B-3 RAO: You MUST provide an implemented AUL and justification that reducing contamination to less than Upper Concentration Limits (UCLs) 15 feet below ground surface is infeasible.



SEE ATTACHED EJ d. Other Specify: --------------------------------1

















D c. CAM not used.






D - I._______, Pursuant to 310 CMR 40.1000 (Subpart J)



> if Section B indicates that either an RAO Statement, Phase I Completion Statement and/or Periodic Review Opinion is being provided, the response action(s) that is (are) the subject of this submittal (i) has (have) been developed and implemented in accordance with the applicable provisions of M.G.L. c. 21E and 310 CMR 40.0000, (ii) is (are) appropriate and reasonable to accomplish the purposes of such response action(s) as set forth in the applicable provisions of M.G.L. c. 21 E and 310 CMR 40.0000, and (iii) comply(ies) with the identified provisions of all orders, permits, and approvals identified in this submittal.


7349 1. LSP#:

JAMES NUSS


5. Ext.: --- 6. FAX: (315) 446-9161

7. Signature:

t 2-{l 8. Date: 9. LSP Stamp:

mm/dd/yyyy



GENERAL ELECTRIC CO

2. Name of Organization: ------------------------------------------------1 GATES RICHARD

3. Contact First Name: -------------------- 4. Last Name: -------------------------1

5. Street: ------1-5_9_P_LAB __ T_rc_s_Av_E_NU_E _______ 6. Title: SR. PROJECT MGR, ENVIRONMENTAL REMEDIATION

PITTSFIELD MA 012010000 ---- 9. ZIPCode: 8. State: 7. City/Town:

(413) 448-5909 10. Telephone: 11.Ext.: ----- 12. FAX:

Revised: 02/28/2006 Page5 of?




BWSC104


D - .___I -----J


Ej 1. RP or PRP D a. Owner D b. Operator EJ c. Generator D d. Transporter

0 e. Other RP or PRP Specify: --------------------------1


0 3. Agency or Public Utility on a Right of Way (as defined by M.G.L. c. 21 E, s. 50))

0 4. Any Other Person Making Submittal Specify Relationship:


1. Check here if the Response Action(s) on which this opinion is based, if any, are (were) subject to any order(s), permit(s) [] and/or approval(s) issued by DEP or EPA. If the box is checked, you MUST attach a statement identifying the applicable

provisions thereof.

D

D




must document the location and boundaries for both the portion subject to this submittal and, to the extent defined, the entire Disposal Site.





0 c. Notice not required. 1


6. Check here if required to submit one or more AULs. You must submit an AUL Transmittal Form (BWSC113) and a 0 copy of each implemented AUL related to this RAO Statement. Specify the type of AUL(s) below: (required for Class


D

D











BWSC104


D -I I

• attest under the pains and penalties of perjury {i) that I have personally lned and am familiar with the information contained in this submittal, Including any and all documents accompanying this

lt ..... n~:.rnitt:~tlform, (ii) that, based on my inquiry ofthose Individuals Immediately responsible for obtaining the information, the lm,ltAniar information contained In this submittal is, to the best of my knowledge and belief, true, accurate and complete, and (Iii)

1 am fully authorized to make this attestation on behalf of the entity legally responsible for this submittal. lithe person or on whose behalf this submittal is made mils aware that there are significant penalties, Including, but not limited to,

1oo:ssso•re fines a imprisonment, for willful su mltting false, inaccurate, or Incomplete information.

f/Vf.lilltM.AtV. 3. Title: SR. l'RO.:JECT MGR, ENVIRONMENTAL

GENERAL m.ECTRIC CO

(Name of person or entity recorded In Section H)

0 6. Check here if the address of the person providing certification is different from address recorded In Section H.

7. Street:

8. City/Town: 9. State: 10. ZIP Code: -----~


YOU ARE SUBJECT TO AN ANNUAL COMPUANCE ASSURANCE FEE OF UP TO $10,000 PER BIU.ABLE YEAR FOR THIS DISPOSAL SITE. YOU MUST LEGIBLY COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY RETURN THE DOCUMENT AS INCOMPLETE. IF YOU

AN INCOMPLETE YOU MAY BE PENALIZED FOR MISSING A REQUIRED






1.4. The location of Parcel Kl0-11-13, which is a part of Disposal Site No. GEAC0230 (Pittsfield NonResidential Fill Properties), is shown on Figures 1 and 2 of the Phase IV Final Report. Since the entire Disposal Site of which this property is a part consists of all non-residential properties within Pittsfield at which fill material from the GE Pittsfield facility may have come to be located, the location and boundaries of that entire Disposal Site cannot be defined.

1.5. For the same reason given in Item J.4 above (i.e., that the Disposal Site of which the subject areas are a part consists of all non-residential properties in Pittsfield at which fill material from the GE Pittsfield facility may have come to be located), notice cannot feasibly be provided to the owners of all properties within that Disposal Site. However, notice of the periodic Temporary Solution review has been provided to the owner ofParcel K10-11-13.

1.9. The material facts, data, and other information relating to the periodic review and evaluation of the Temporary Solution at Parcel K10-11-13 are set forth in the letter from GE to MDEP dated December 23,2013, to which this Form BWSC104 is attached and which is incorporated by reference herein. The LSP Opinion provided in Section G ofthis Form BWSC104 is based upon and incorporates that information.



BWSC104


- !1s427 1 For sites with multiple RTNs, enter the Primary RTN above.

A. SITE LOCATION:

1. Site Name/Location Aid: K11-2-1 PART OF SITE GEAC0230

2. Street Address:


0 a. Tier lA 0 b. Tier IB D c. Tier IC D d. Tier II


B. THIS FORM IS BEING USED TO: (check all that apply) ~0/21t2o1·o--·~ ._--]

1. List Submittal Date of RAO Statement (if previously submitted): mm/dd/yyyy





D- .___I __, D - .___I -----l




D D-1 '--------'













- 115427







Bioremediation








12. Air Sparging






iii. Describe: --------------------------------------1

D b. Landfill

D i. Cover

Facility Name:


------------- Town:


------------ State:

Facility Name: ------------- Town: ------------- State: -----1


a. Describe Quantity and Amount

b. Facility Name:------------- Town: State:-----;

c. Facility Name:------------- Town : ------------ State: -----1


a. Specify Type and Volume: -----------------------------------1

b. Facility Name: ------------- Town: State: ------1

c. Facility Name: ------------- Town: State: -----1






- 115427





Describe: -----------------------------------------1

D. SITE USE:












h. Potential Buyer (non-owner) [ZJ i. Other, describe: POTENTIALLY RESPONSIBLE PARTY













5. Class B-1 RAO: Specify one ofthe following:

BWSC104


EJ - 115427




[{] 8. Class C-1 RAO: You must submit a plan as specified at 310 CMR 40.0861 (2)(h). Indicate type of ongoing response actions.

0 a. Active Remedial System D b. Active Remedial Monitoring Program 0 c. None

[Z1 d. Other Specify: _,S:.::E:.:::E:...:A_,_T'-'T,_,_A...,C::.:H..:.:E::!D:..._ _______________________ -1







a. S-1/GW-1

b. S-1/GW-2

c. S-1/GW-3

d. S-2/GW-1

e. S-2/GW-2

f. S-2/GW-3

g. S-3/GW-1

h. S-3/GW-2

i. S-3/GW-3








c. CAM not used.








BWSC104


- ~42~]

I attest under the pains and penalties of perjury that I have personally examined and am familiar with this transmittal form, including any and all documents accompanying this submittal. In my professional opinion and judgment based upon application of (i) the standard of care in 309 CMR 4.02(1 ), (ii) the applicable provisions of309 CMR 4.02(2) and (3), and 309 CMR4.03(2), and (iii) the provisions of 309 CMR 4.03(3), to the best of my knowledge, information and belief,

> if Section B indicates that either an RAO Statement, Phase I Completion Statement and/or Periodic Review Opinion is being provided, the response action(s) that is (are) the subject of this submittal (i) has (have) been developed and implemented in accordance with the applicable provisions of M.G.L. c. 21 E and 310 CMR 40.0000, (ii) is (are) appropriate and reasonable to accomplish the purposes of such response action(s) as set forth in the applicable provisions of M.G.L c. 21 E and 310 CMR 40.0000, and (iii) comply(ies) with the identified provisions of all orders, permits, and approvals identified in this submittal.


2. First Name: M Last Name: NUSS ~----------------------------------------~

4. Telephone: L.~ .. s .... 4. __ 4 ____ 6 ___ 9 ___ 1 ___ 2 .. o .......................................................... ,

7. Signature: uss

9. LSP Stamp:


1. Check all that apply: b. change of address c. change in the person actions

5. Street:

8. State:

10. Telephone: 12. FAX: 34485933







[{J 1. RPorPRP a. Owner b. Operator [{] c. Generator d. Transporter


4. Any Other Person Making Submittal Specify Relationship: "--------------------..ll






D [Z]















BWSC104


- 15427


1. I, W. , attest under the pains and penalties of perjury (i) that I have personally examined and am contained in this submittal, including any and all documents accompanying this transmittal form, (ii) that, based on my inquiry of those individuals immediately responsible for obtaining the information, the material information contained in this submittal is, to the best of my knowledge and belief, true, accurate and complete, and (iii) that I am fully authorized to make this attestation on behalf of the entity legally responsible for this submittal. 1/the person or entity on whose behalf this submittal is made am/is aware that there are significant penalties, including, but not limited to, possible fines and imprisonment, for willfully submitting false, inaccurate, or incomplete information.

2. By: 3. Title: PM ENV REMEDIATION Signature

4. For: r<iENERAi:~ELECT'R'ic'c'o''-·····~·~····-·····-~·-·---, 5. Date: 112/19720'13'--··~·----··~

(Name of person or entity recorded in Section H) mm/dd/yyyy


7. Street:






Received by DEP on

12/23/2013 9:18:48 AM


ATTACHMENT TO FORM BWSC104 FOR PARCEL Kll-2-1, PITTSFIELD, MASSACHUSETTS


J.l. The periodic review ofthe Temporary Solution at Parcel K11-2-I was subject to: (1) an Administrative Consent Order (ACO) executed by the General Electric Company (GE) and the Massachusetts Department of Environmental Protection (MDEP) in 2000 pertaining to GE's Pittsfield Facility and related sites (GEAC0500; SA l-0563); and (2) an approval letter issued by the MDEP on June 22, 201 I forGE's Phase IV Final Report (October 2010).

1.4. The location of Parcel K 11-2-1, which is a part of Disposal Site No. GEAC0230 (Pittsfield NonResidential Fill Properties), is shown on Figures I and 2 of the Phase IV Final Report. Since the entire Disposal Site of which this property is a part consists of all non-residential properties within Pittsfield at which fill material from the GE Pittsfield facility may have come to be located, the location and boundaries of that entire Disposal Site cannot be defined.

1.5. For the same reason given in Item J.4 above (i.e., that the Disposal Site of which the subject areas are a part consists of all non-residential properties in Pittsfield at which fill material from the GE Pittsfield facility may have come to be located), notice cannot feasibly be provided to the owners of all properties within that Disposal Site. However, notice of the periodic Temporary Solution review has been provided to the owner ofParcel Kll-2-1.

J.9. The material facts, data, and other information relating to the periodic review and evaluation of the Temporary Solution at Parcel Kll-2-1 are set forth in the letter from GE to MDEP dated December 23,2013, to which this Form BWSC104 is attached and which is incorporated by reference herein. The LSP Opinion provided in Section G ofthis Form BWSC104 is based upon and incorporates that information.

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It should be noted that the owner of Parcel KI0-11-15 has ... · K10-11-15, K1 0-11-16, K10-11-17,...

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