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Home My WebLink AboutMiscellaneous - 139 Andover Street I COMMONWEALTH OF MASSACHUSETTS 5.3 f EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIR + d DEPARTMENT OF ENVIRONMENTAL PROTECTIO Metropolitan Boston—Northeast Regional Office 01M 5�6 MITT ROMNEY Governor ELLEN ROY HERZFELDER Secretary KERRY HEALEY LAUREN LISS Lieutenant Governor Commissioner 1 JAN 16 2003 URGENT LEGAL MATTER: PROMPT ACTION NECESSARY Trustees of Reservations RE: NORTH ANDOVER. 139 Andover Street 139 Andover Street N.Andover,Massachusetts 01845 RTN#3-22455 NOTICE OF RESPONSIBILITY; M.G.L.c.21E&310 CMR 40.0000 Attention: Robert Murray, Superintendent Dear Mr..Murray: Information contained in a Release Notification Form (RNF) submitted to the Department of Environmental Protection (the Department or DEP) on January 7, 2003 and submitted on your behalf by Lightship Engineering, LLC, indicates that there is or has been a release of oil and/or hazardous material at the above-referenced property which exceeds a"120 day" reporting threshold ' (3 10 CMR 40.0315)and which requires one or more response actions. Based or,this information,the Department has reason to believe that the subject property or portion(s) thereof is a disposal site as defined in the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, M.G.L. c. 21E, and the Massachusetts Contingency Plan, 310 CMR 40.0000(the MCP). The assessment and cleanup of disposal sites is governed by M.G.L. c. 2 1 E and the MCP. The purpose of this notice is to inform you of your legal responsibilities under state law for assessing and/or remediating the subject release.For purposes of this notice,the terms and phrases used herein shall have the meaning ascribed to them by the MCP unless the text clearly indicates otherwise. This information is available in alternate format by calling our ADA Coordinator at(617)574-6872. 205a Lowell Street, Wilmington, MA 01887 • Phone (978) 661-7600 a Fax (97B) 661-7615 u TDD # (978) 661-7679 �� Printed on Recycled Paper Trustees of Reservations Notice of Responsibility Page-2- STATUTORY LIABILITIES The Department has reason to believe that you (as used in this letter, "you" refers to Trustees of Reservations)are a Potentially Responsible Party(a PRP)with liability under M.G.L. c. 21E, § 5, for response action costs. Section 5 makes the following parties liable to the Commonwealth of Massachusetts: current owners or operators of a site from or at which there is or has been a release/threat of release of oil or hazardous material; any person who owned or operated a site at the time hazardous material was stored or disposed of; any person who arranged for the transport, disposal, storage or treatment of hazardous material to or at a site; any person who transported hazardous material to a transport,disposal, storage or treatment site from which there is or has been a release/threat of release of such material; and any person who otherwise caused or is legally responsible for a release/threat of release of oil or hazardous material at a site. This liability is "strict", meaning it is not based on fault, but solely on your status as an owner, operator, generator,_transporter or disposer. It is also joint and several, meaning that you may be liable for all response action costs incurred at the site, regardless of the existence of any other liable parties. The MCP requires responsible parties to take necessary response actions at properties where there is or has been a release or threat of release of oil and/or hazardous material. If you do not take the necessary response actions, or fail to perform them in an appropriate and timely manner, the Department is authorized by M.G.L. c. 21E to have the work performed by its contractors. By taking such actions, you can avoid liability for response action costs incurred by the Department and its contractors in performing these actions, and any sanctions which may be imposed for failure to perform response actions under the MCP. You may be liable for up to three (3) times all response action costs incurred by the Department. Response action costs include, without limitation, the cost of direct hours spent by Department employees arranging for-response actions or overseeing work performed by persons other than the Department or their contractors, expenses incurred by the Department in support of those direct hours, and payments to the Department's contractors. (For more detail on cost liability, see 310 CMR 40.1200.) The Department may also assess interest on costs incurred at the rate of twelve percent (12%),compounded annually. To secure payment of this debt,the Commonwealth may place liens on all of your property in the Commonwealth. To recover the debt, the Commonwealth may foreclose on these liens or the Attorney General may bring legal action against you. - In addition to your liability for up to three(3)times all response action costs incurred by the Department, you may also be liable to the Commonwealth for damages to natural resources caused by the release. Civil and criminal liability may also be imposed under M.G.L. c. 21E, § It, and civil administrative penalties may be imposed under M.G.L. c. 21A, § 16 for each violation of M.G.L. c. 21 E,the MCP,or any order,permit or approval issued thereunder. i Trustees of Reservations I Notice of Responsibility Page-3- NECESSARY RESPONSE ACTIONS The subject site shall not be deemed to have had all the necessary and required response actions taken unless and until all substantial hazards presented by the site have been eliminated and a level of No Significant Risk exists or has been achieved in compliance with M.G.L. c. 21E and the MCP. In addition, the MCP requires persons undertaking response actions at disposal sites to perform Immediate Response Actions (IRAs) in response to "sudden releases", Imminent Hazards and Substantial Release Migration. Such persons must continue to evaluate the need for IRAs and notify the Department immediately if such a need exists. i The Department has determined that the following response actions are necessary at the subject site: Initial site investigation activities in accordance with 310 CMR 40.0405 are necessary. hi addition,unless an RAO is submitted earlier, a completed Tier Classification Submittal pursuant to 310 CMR 40.05 10, and, if.-appropriate, a completed Tier I Permit Application pursuant to 310 CMR 40.0700, must be submitted to DEP within one year of the initial date notice of a release is provided to the Department pursuant to 310 CMR 40.0300 or from the date the Department issues a Notice of Responsibility(NOR),whichever occurs earlier. The Department encourages parties with liabilities under M.G.L. c. 21E to take prompt action in response to releases and threats of release of oil and/or hazardous material. By taking j prompt action, you may significantly lower your assessment and cleanup costs and avoid the imposition of, or reduce the amount of, certain permit and annual compliance fees for response actions payable under 310 CMR 4.00. If you have any questions relative to this notice, you should contact Victor Fonkem at the letterhead address or (978) 661-7600. All. future communications regarding this release must reference the Release Tracking Number (RTN #3-22455) contained in the subject block of this letter. Very truly ours, l� tgs;le)yB.Ndi Notification&Emergency Response Chief Bureau of Waste Site Cleanup KBN/vf cc: North Andover Board of Health North Andover Fire Department Lightship Engineering,LLC, 36 Cordage Park Circle, Suite 312,Plymouth,MA 02360 Attention: Timothy Condon,LSP DEP data base/file