Commonwealth of Massachusetts
Executive Office of Energy and Environmental Affairs
Board of Registration of Hazardous Waste Site Cleanup
Professionals
Matter of James J. Decoulos
LSP Board Complaint No. 05C-07
Docket No. LSP-10AP-01
Order to Show Cause from
the Board of Registration of Hazardous Waste Site Cleanup Professionals (the
"Board" or "Petitioner"), January 8, 2010
Proposed Order Finding
Sufficient Grounds for Discipline and Notice of Noncompliance
Respondent James J.
Decoulos' Objections and Answer to Order to Show Cause
Interview of
MassDEP Attorney Timothy M. Jones to serve as Presiding Officer
Appointment of Presiding Officer
and Instructions for Conducting Adjudicatory Proceeding
Scheduling Order, March 25,
2010
Post Conference Report
& Order, April 28, 2010
Second Post Conference
Report & Order, July 22, 2010
Unopposed Motion to Amend
Deadlines, September 17, 2010
Testimony and Documents filed by the Board
Exhibit B-1
Direct Testimony of Cynthia A. Baran
Exhibit B-2 Resume
of Cynthia A. Baran
Exhibit B-3 Version of
310 CMR 40.0006.40.0410-40.0429, and 40.0950-40.0956 in effect from
10/29/1999 until 4/3/2006
Exhibit B-4
Direct Testimony of Robert J. Luhrs, LSP
Exhibit B-5 Resume
of Robert J. Luhrs
Exhibit B-6
Direct Testimony of Ian M. Phillips, LSP
Exhibit B-7
Resume of Ian M. Phillips
Exhibit B-8 Direct
Testimony of John Fitzgerald
Exhibit B-9 Resume of
John Fitzgerald
Exhibit B-10
Commonwealth of Massachusetts, Department of Environmental Protection, Characterizing
Risks Posed by Petroleum Contaminated Sites: Implementation of MADEP
VPH/Approach, Final Draft, June 2001
Exhibit B-11
Version of 310 CMR 40.0191, 40.0904. 40.0926. 40.0973. 40.0982-40.0983,
40.0986 and 40.1003 in effect from 10/29/1999 until 6/26/2003
Exhibit B-12 MassDEP
"Question and Answer" publication [Volume I Number 4. April-May
1994]
Board Documents for Eagle Gas Site, Carver, MA
Exhibit B-13 January 21,
2003 MassDEP Release Log Form
Exhibit B-14
January 27, 2003 Release Log Form Attachment
Exhibit B-15 February 12,
2003 Notice of Responsibility
Exhibit B-16 March 17,
2003 Immediate Response Action (IRA) Plan by James J. Decoulos
Exhibit B-17 May 16,
2003 Release Log Form
Exhibit B-18 May
16. 2003 Release Log Form Attachment
Exhibit B-19 May 16,
2003 Field Notice of Responsibility
Exhibit B-20 June 13, 2003
Notice of Responsibility
Exhibit B-21 July 3,
2003 IRA Status Report
Exhibit B-22 November 26,
2003 Notice of Noncompliance
Exhibit B-23 December 18,
2003 Release Notification Form
Exhibit B-24 January
21, 2004 IRA Plan
Exhibit
B-25 March 11, 2004 Photographs taken by MassDEP. See Photos 58, 59, 61 and
62
Exhibit B-26 March
11, 2004 Release Log Attachment
Exhibit B-27 March 19, 2004
Notice of Noncompliance
Exhibit B-28 April
5, 2004 Request for IRA Plan Modification
Exhibit B-29 April 21,
2004 IRA Modification Plan
Exhibit B-30 April 30,
2004 Phase I and Tier Classification
Exhibit B-31 May
20, 2004 E-mail from Cynthia Baran to Mr. Decoulos
Exhibit B-32 May
26, 2004 IRA Plan Modification
Exhibit B-33 June
15, 2004 IRA Status Report and Plan Modification
Exhibit B-34
July 1, 2004 E-mail from C. Baran to Mr. Decoulos
Exhibit B-35 July 7,
2004 MassDEP's Denial of IRA Plan Modification
Exhibit B-36
October 20, 2004 Letter from Attorney D. Nagle to MassDEP
Exhibit B-37
November 5, 2004 IRA Status Report and Plan Modification No. 2
Exhibit B-38 November
24, 2004 Letter from Mr. Decoulos to Jonathan Hobill, MassDEP
Exhibit B-39 November
26, 2004 MassDEP's Denial of IRA Plan Modification
Exhibit B-40
December 6, 2004 E-mail from Mr. Decoulos to C. Baran
Exhibit B-41
December 15, 2004 E-mail between Mr. Decoulos, C. Baran, and J. Hobill
Exhibit B-42
December 22, 2004 IRA Plan Modification No. 3
Exhibit B-43 January
14, 2005 E-mail from C. Baran to Mr. Decoulos
Exhibit B-44 January
18, 2005 IRA Plan Modification No. 4
Exhibit B-45 January
19, 2005 E-mail from C. Baran to Mr. Decoulos
Exhibit B-46 January
19. 2005 letter from Mr. Decoulos to J. Hobill
Exhibit B-47 February
22, 2005 IRA Completion Report
Exhibit B-48 March 8,
2005 Retraction of IRA Completion Report
Exhibit B-49 May 6,
2005 IRA Status Report
Exhibit B-50 July
8, 2005 IRA Plan Modification
Exhibit B-51 August
5, 2005 Letter from ECS to MassDEP, giving notice that Daniel Felten would be
successor LSP-of -Record
Exhibit B-52
September 16, 2005 Letter from Mr. Decoulos to J. Hobill. MassDEP,
withdrawing as LSP-of-Record
Exhibit B-53 November 10,
2006 Phase II Comprehensive Site Assessment by ECS
Exhibit B-54 April 19, 2007
Administrative Consent Order with Penalty, ACOP-SE-07-3R-003
Board Documents for Speedy Lube Site, Randolph, MA
Exhibit B-55 June 14,
2002 Response Action Outcome Statement by James J. Decoulos
Exhibit B-56 August
21, 2002 Memo from Mr. Decoulos to DEP Bureau of Waste Site Cleanup
Exhibit B-57 November
6, 2003 Notice of Audit Findings, Notice of Noncompliance
Exhibit B-58 June 18,
2004 Response Action Outcome Statement
Exhibit B-59 June
22, 2004 letter from Mr. Decoulos to DEP Bureau of Waste Site Cleanup
Respondent Rebuttal
Exhibit RR-1 Rebuttal
Testimony of James J. Decoulos
Exhibit RR-2
Photographs of Eagle Gas site in Carver, MA
Exhibit RR-3
Photographs of Speedy Lube in Randolph, MA
Exhibit RR-4 Massachusetts
Contingency Plan in effect in 2004
Exhibit RR-5 MassDEP Listing
of Release at 132 Main Street
Exhibit RR-6 MassDEP
Audit Site Inspection of 131 Main Street, Carver for RTN 4-13333
Exhibit RR-7 MassDEP Notice
of Audit Findings/Notice of Noncompliance/NON-SE-98-3A-42 of 131 Main Street,
Carver for RTN 4-13333
Exhibit RR-8 Existing
Conditions Plan amended July 6, 2009 and presented to the LSP Board Complaint
Review Team
Exhibit RR-9
Construction Activities in Contaminated Areas, Draft Document, MassDEP,
April, 1994
Exhibit RR-10 Indoor
Air Sampling and Evaluation Guide, WSC Policy #02-430, April, 2002
Exhibit RR-11
Email from James J. Decoulos to Cynthia Baran dated December 15, 2004 with
Cross-Sections Plan and Proposed Product Recovery Plan
Exhibit RR-12 Letter from
F. Henry Ellis, III to James W. Marsh dated November 14, 2005
Exhibit RR-13 Letter from
F. Henry Ellis, III to James W. Marsh dated December 1, 2005
Exhibit RR-14
Complaint filed to LSP Board by Eagle Gas dated December 13, 2005
Exhibit RR-15
Superior Court complaint filed by Plaintiffs Decoulos & Company LLC and
Wright Industries, Inc. against Defendant Eagle Gas, Inc. on December 15,
2005
Exhibit RR-16 Affidavit of
James J. Decoulos dated December 15, 2005 in support of Plaintiffs’ Ex Parte
Application for a Writ of Attachment
Exhibit RR-17
Plaintiffs’ Emergency Ex Parte Application for a Writ of Attachment and
Approval by Justice Suzanne V. DelVecchio dated December 15, 2005
Exhibit RR-18 Belmont Sewer
and Stormwater Committee Annual Report 2004
Exhibit RR-19 Map
from EPA showing the Boston, MA-NH-RI Urbanized Area – South Portion dated
October 22, 2002
Exhibit RR-20 Urban
Polluted Runoff Fact Sheet from EPA
Exhibit RR-21 Stormwater
Strategies: Community Responses to Runoff Pollution; Natural Resources
Defense Council, May 1999
Exhibit RR-22
Stormwater Basic Information on the National Pollutant Discharge Elimination
System (NPDES), EPA
Exhibit RR-23 NPDES
PII Small MS4 General Permit Annual Report filed by the Town of Carver on
July 19, 2007
Exhibit RR-24
MassDEP web site on “Troubled Waters”: Stormwater Pollution & Phase II
(NPDES)
Exhibit RR-25
Email from James J. Decoulos to town counsel Richard P. Bowen of Kopelman
& Paige dated June 2, 2004
Exhibit RR-26 MassDOT
list of projects in Carver and project information for resurfacing and
rehabilitation of drainage structures along Main Street (Route 58)
Exhibit RR-27 MassDEP web site
on Nonpoint Source Pollution Education: Motor Oil
Exhibit RR-28 Protecting
Tribal Lands…understanding how you can prevent Nonpoint Source Pollution
Exhibit RR-29 MassDEP
proposed Stormwater Management Regulations, 314 CMR 21.00
Exhibit RR-30 Email
from James J. Decoulos to Cynthia Baran dated July 21, 2004 with attachments
Exhibit RR-31
Email from James J. Decoulos to Cynthia Baran dated August 18, 2004
Exhibit RR-32
Email from James J. Decoulos to Cynthia Baran dated December 30, 2004
Exhibit RR-33 Receipt
for internet connection in Boquete, Panama, December 30, 2004
Exhibit RR-34 Email
from James J. Decoulos to Cynthia Baran dated January 5, 2005
Exhibit RR-35 Groundwater
field measurements on May 21, 2003, June 12, 2003 and April 6, 2005
Exhibit RR-36 Phase
IV Final Inspection Report by CEA dated September 30, 2008
Exhibit RR-37 Field
notes from vacuum pumping of well BP-5RR on April 24, 2003
Exhibit RR-38 LNAPL
and the Massachusetts Contingency Plan, Part I, April, 2005, LSPA Technical
Practices Committee
Exhibit RR-39
LNAPL and the Massachusetts Contingency Plan, Part II, July, 2008, LSPA
Technical Practices Committee
Exhibit RR-40 Letter
report to Board Complaint Review Team, January 30, 2008
Exhibit RR-41 Phase I
Site Investigation, Speedy Lube and Auto Care, prepared by: SAGE
Environmental, Inc., dated June, 1998
Exhibit RR-42 MCP Method
2 Risk Characterizations, MassDEP and LSPA Training Seminar, Fall, 2005
Exhibit RR-43
MassDEP web site for the LNAPL Workgroup
Exhibit RR-44
LNAPL Workgroup handout for the Waste Site Cleanup Advisory Committee meeting
on November 20, 2008
Exhibit RR-45 LNAPL
and the MCP, LSP Association presentation by Stephen S. Boynton
Exhibit RR-46 Phase V
– ROS Status Report, Corporate Environmental Advisors, Inc., April, 2010
Exhibit RR-47
Email from James J. Decoulos to Cynthia Baran dated December 16, 2004
Exhibit RR-48
Supplemental Rebuttal Testimony No. 1 of James J. Decoulos dated November 5,
2010
Exhibit RR-49 MassDEP
Meeting Participant List and Summary of Four Releases at Eagle Gas Site dated
April 21, 2004
Exhibit RR-50 Email from
Cynthia Baran to Jonathan Hobill dated September 16, 2004
Exhibit RR-51 Email from
Cynthia Baran to Jonathan Hobill and Kevin Kiernan dated December 7, 2004
Exhibit RR-52 Email from
Cynthia Baran to Jonathan Hobill dated December 15, 2004
Exhibit RR-53 Email from
Jonathan Hobill to Cynthia Baran dated October 31, 2005
Exhibit RR-54 Email from
Cynthia Baran to
Jonathan Hobill and Kevin Kiernan dated November 1, 2005
Exhibit RR-55 Email from
Cynthia Baran to
Jonathan Hobill and Kevin Kiernan dated November 17, 2005
Exhibit RR-56
Supplemental Rebuttal Testimony No. 2 of James J. Decoulos dated November 12,
2010
Exhibit RR-57 MassDEP
Release Log Form Attachment dated March 12, 1997
Exhibit RR-58 MassDEP
Notice of Responsibility to Richard Nantais dated August 11, 1997
Exhibit RR-59 "Gas
station must clean up pollution" Patriot Ledgeer dated September 10,
1997
Exhibit RR-60 Purchase and
Sales Agreement Rider Addendum A-1circa 1997
Exhibit RR-61 MassDEP
Release Log Form Attachment dated November 20, 1997
Exhibit RR-62 Email from
Cynthia Baran to James J. Decoulos dated March 30, 2004
Exhibit RR-63 Email from
Cynthia Baran to Daniel Felten dated August 11, 2005
Exhibit RR-64 Email from
Kevin Kiernan to Cynthia Baran dated September 26, 2005
Exhibit RR-65 Email from
Cynthia Baran to Carver Fire Chief Craig Weston dated November 17, 2005
Exhibit RR-66 Email from
Cynthia Baran to Millie Garcia-Surette dated February 28, 2006
Respondent Direct Testimony
Exhibit R-1
Direct Testimony of Theodore L. Bosen
Exhibit R-2 Figure
Showing Four Photographs of Eagle Gas site circa 1997
Exhibit R-3 Deed conveying
131 Main Street to Najib Badaoui, October 31, 1997
Exhibit R-4
Direct Testimony of Paul B. Wright
Exhibit R-5 Resume of
Paul B. Wright
Exhibit R-6
Direct Testimony of Richard E. Doherty
Exhibit R-7 Resume
of Richard E. Doherty
Exhibit R-8
Direct Testimony of James J. Decoulos
Exhibit R-9
Resume of James J. Decoulos
Exhibit R-10
LSP Board notification to James J. Decoulos of received complaint
Exhibit R-11 Settlement
Agreement between Decoulos & Company LLC; Wright Industries, Inc. and
Eagle Gas, Inc. dated July 23, 2007
Exhibit R-12
Request to withdraw LSP Board complaint by Shepard S. Johnson, Jr. dated
August 6, 2007
Exhibit R-13a
Letter from Board attorney Lynn Peterson Read to Shephard S. Johnson, Jr.
dated August 15, 2007
Exhibit R-13b
MassDEP meeting notes, March 11, 2004
Exhibit R-14 MassDEP
meeting notes, April 21, 2004
Exhibit R-15 MassDEP
meeting notes, July 21, 2004
Exhibit R-16 MA UST Program
Active Remedial Cost Summary at Eagle Gas, 2004-2010
Exhibit R-17 Sustainable
Remediation within the MCP Framework, LSPA Membership Meeting presentation by
Liz Callahan of MassDEP, March 10, 2009
Exhibit R-18 Spill
Prevention, Control and Countermeasure (SPCC) Regulation, 40 CFR part 112, A
Facility Owner/Operator’s Guide to Oil Pollution Regulations, EPA
540-K-09-001, June 2010
Exhibit R-19 Letter
from Mary Gardner of MassDEP to Louis Celozzi, Town Administrator for the
town of Milford, October 1, 2008
Exhibit R-20 Letter
from Millie Garcia-Serrano of MassDEP to attorney Kevin J. McAllister,
December 5, 2007
Board Rebuttal
Rebuttal Testimony of Cynthia
A. Baran
Rebuttal Testimony of Robert
C. Luhrs
Rebuttal Testimony of Ian
M. Phillips
Rebuttal Testimony of John
Fitzgerald
Motions, Rulings and Orders
Respondent's Motion
for Oral Testimony, September 29, 2010
Decoulos Affidavit #1,
September 29, 2010
Petitioner's Opposition to
Motion for Oral Testimony, October 1, 2010
Respondent's Motion
for Order Compelling Discovery, October 1, 2010
Decoulos Affidavit #2,
October 1, 2010
Petitioner's Opposition to
Motion for Order Compelling Discovery, October 4, 2010
Respondent's Motion to
Dismiss, October 8, 2010
Decoulos Affidavit #3,
October 8, 2010
Petitioner's Opposition to
Motion to Dismiss, October 14, 2010
Lynn Peterson Read Affidavit,
October 14, 2010
Ruling and Order Regarding
Motion for Order Compelling Discovery and Motion for Oral Testimony, October
12, 2010
Respondent's Offer of
Proof, October 15, 2010
Petitioner's Opposition
to Offer of Proof, October 15, 2010
Respondent's Motion to
Present Exhibits at Hearing, October 13, 2010
Proposed Chalk No. 1 for
hearing
Proposed Chalk No. 2 for
hearing
Letter from Board attorney
Lynn Peterson Read to Presiding Officer Timothy M. Jones dated October 14,
2010
Letter from James J.
Decoulos to Presiding Officer Timothy M. Jones dated October 18, 2010
Respondent's Motion to
Strike the Testimony of Cynthia A. Baran and John Fitzgerald, October 15,
2010
Decoulos Affidavit #4,
October 15, 2010
Opposition to Motion to
Strike Testimony of Cynthia A. Baran and John Fitzgerald, October 18, 2010
Ruling and Order Regarding
Motion to Dismiss, Offer of Proof, Motion to Strike, and Motion to Present
Exhibits, October 19, 2010
Second Affidavit of Lynn P.
Read, October 21, 2010
Respondent's Motion
to Add Exhibits, October 21, 2010
Decoulos Affidavit #5,
October 21, 2010
Report and Order Regarding
Evidentiary and Miscellaneous Issues dated October 27, 2010
Respondent's
Motion to Correct, Amend or Modify the Report and Order dated October 27,
2010, filed on October 29, 2010
Decoulos Affidavit #6,
October 29, 2010
Ruling and Order Regarding
Motion to Correct, Amend or Modify and Request for Conference dated November
3, 2010
Decoulos Affidavit #7,
November 3, 2010, in Response to a Request for a Status Report on Public
Records Requests
Respondent's
Motion to Compel Production of Public Records, November 10, 2010
Decoulos Affidavit #8,
November 10, 2010
Respondent
Motion to Support Relevancy of Public Records, December 3, 2010
Decoulos Affidavit #9,
December 3, 2010
Respondent
Motion to Seek Oral Testimony from Millie Garcia-Surette (aka Millie
Garcia-Serrano), January 14, 2011
Decoulos Affidavit #10,
January 14, 2011
Respondent Motion
to Add Exhibits, January 18, 2011
Decoulos Affidavit #11,
January 18, 2011
Ruling and Order Regarding
Decoulos Motion to Seek Oral Testimony of Millie Garcia-Serrano and Motion to
Add Exhibits dated January 20, 2011
Ruling and
Order Regarding In-Camera Review of Documents, January 20, 2011
Respondent Motion
to Correct Exhibit B-53, February 4, 2011
Decoulos Affidavit #12,
February 4, 2011
Administrative Hearing Transcripts
Hearing Transcript,
January 26, 2011
Hearing Transcript,
January 27, 2011
Hearing Transcript,
February 10, 2011
Recommended Decision and Post-Decision Pleadings
Recommended Decision, by
Timothy M. Jones, September 7, 2012
Respondent's Objections to
Recommended Decision, by Robert A. Fasanella and Peter J. Feuerbach, January
4, 2013
Board's Response to
Objections to Recommended Decision, February 1, 2013
Respondent's Request for Oral
Argument before Board, April 12, 2013
Board's Opposition to
add exhibits and Reply to Opposition to strike late-filed exhibits, September
6, 2013
Ruling and Order regarding
motion to allow additional exhibits into record, September 23, 2013
Final Order and Motion to Extend
Final Order of the Board,
February 8, 2019
Respondent's Motion to Extend
Effective Date of Order and Delay Announcement of Order, February 12, 2019
Board's Denial of Motion
to Extend and Delay Announcement, March 1, 2019
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