City Council – 01/13/2009

DATE 01/13/2009
TIME 7:00 pm
LOCATION Council Chamber, Woburn City Hall, Common Street, Woburn, MA, United States

Meeting Agenda

Below is the pasted journal for ADA Compliancy. See attachment to download the full version.


JANUARY 13, 2009 – 7:00 P.M.



Roll Call











Pursuant to Title III, Section 12 of the Charter of the City of Woburn, His Honor the Mayor has called a Special Meeting of the City Council to be held in the City Council Chambers, Woburn, City Hall, 10 Common Street, Woburn on Tuesday, January 13, 2009 at 7:00 p.m. for the purpose of hearing a presentation from the Environmental Protection Agency concerning the Industri-Plex Superfund Site Operable Unit 1 (OU1) and 2 (OU2).



VOTED to dispense with the reading of the previous meeting’s Journal and to APPROVE, all in favor, 8-0-1 (Galvin late).



A communication dated January 5, 2009 was received from His Honor the Mayor Thomas L.

McLaughlin Calling this special meeting.




Appearing was His Honor the Mayor Thomas L. McLaughlin and he stated the Federal Government entered into a settlement on the Superfund site. The Mayor introduced Doug Gutro, Special Assistant to the Regional Administrator of the US Environmental Protection Agency.  Mr. Gutro stated that he has developed a good relationship with the City Mayors and Town Managers to keep them informed on EPA issues and that tonight we have an overview showing what has been done.  Motion made and 2nd to received documents and place on file, all in favor 9-0.  Attorney Mark Reich, City Solicitor, Kopelman and Paige, 101 Arch Street, Boston, MA stated that a settlement was reached  in 1989 on the Industri-Plex Superfund Site Operable Unit 1

(OU1) the City has responsibilities to the area and everything is done in the best interest of the City.  Joseph LeMay, Project Manager, US Environmental Protection Agency stated that on

November 22, 2008 the Federal Government, the Pharmacia Corporation and Bayer CropScience Inc entered into a comprehensive settlement on the OU2 site.  The settlement contained in a

CERCLA Consent Decree, to ensure the second phase of the cleanup in the Industri-Plex Superfund Site in Woburn will proceed.  Mr. LeMay provided an overview of what has been done and what is still to do with the Industri-Plex OU1, that was settled in 1986.  The area affected is 245 acres of Industrial Park is located in North Woburn area.  When the site development began in 1969 this contributed to the spread of waste and creation of four separate hide piles.  Odors were released during the development and caused significant concerns which lead to the investigations.  The EPA established a cleanup decision (ROD) which was signed in

1986.   This included capping of 110 acres of soils and hide piles, cap and gas collection/treatment system at the East Hide Pile and Institutional controls.  The Institutional Controls have designs (GERES) that have been recorded and will run with the land to future property owners, ensuring long term protection of the cleanup remedy.   The OU1 Cover Certification Report (CCR) was completed by September 30, 2008 with documentation with Air

Soil and Sediment Remedy for each OU1 property (33 properties) and Woburn ROW/Roads (1

ROW/Road).  Each report also contains detailed drawings.  The EPA requests that the City of Woburn initiate foreclosure proceedings with the CHRT properties so that proper disposition includes transfers to responsible owner who will record the GERE and ensure long-term protection of the remedy under the consent decree.  The OU2 consent decree settlement between the EPA and the settling Defendants was entered into on November 22, 2008.  An overview of the OU2 with Institutional Controls for the Former Mishawum Lakebed soils and controls for the Deeper interior Wetland sediments in the G & H Wells area.  The consent decree that the settling defendants agree to pay the EPA $6 million for past costs plus interest; Pays all EPA interim response costs between September 2005 and November 2008; and all future response cost for oversight of the clean up.  The Scope of work with the Halls Brook Holding Area pond is to minimize flood storage loss; to prevent chemocline disruption and replace the by-pass system.  The schedule for the Industri-Plex OU2 is to actively review surface water monitoring and remedial design work plan.  Remedial Action Implementation is about 2-3 years.  A complete copy of the slide presentation is filed in the City Clerks Office.




Motion made and 2nd to for a five minute recess, all in favor 9-0.




President Doherty called the meeting back to order.





Motion made and 2nd to ADJOURN, all in favor, 9-0.  Meeting adjourned at 8:50 p.m.






Joyce M. Gray

                                            Assistant City Clerk and Clerk of the City Council Pro-tem