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Home My WebLink AboutMiscellaneous - 851 FOREST STREET 7/18/2018 Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection ' Metro Boston/Northeast Regional Office William F. Weld Governor OCT 1994 Trudy S.Coxe : " 14 Secretary,EDEA Thomas B. Powers . Acting Commissioner , URGENT LEGAL MATTER: PROMPT ACTION NECESSARY CERTIFIED MAIL: RETURN RECEIPT REQUESTED 851 Forest St. 851 Forest St. N. Andover, MA 01845 RTN #3-3.1719 NOTICE OF RESPONSIBILITY; M.G.L. c.21E & 310 CMR 40.0000 Dear Ms. Bresnahan: On October 12, 1994 at 11:50 AM, the Department of Environmental Protection (the Department or DEP) received oral notification that.there is or has been a release of oil and/or hazardous material at the above-referenced property which requires one or more response actions. Based on 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. 21E 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. STATUTORY LIABILITIES The Department has reason to believe that you (as used in this letter, "you" refers to Ms. Lisa Bresnahan) 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 10 Commerce Way • Woburn, Massachusetts 01801 • FAX(617)932-7615 • Telephone (617) 932-7600 } Page 2 3-1.171.9 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 thatyou 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, § 11, and civil administrative penalties may be imposed under M.G.L. c. 21.A, § 15 for each violation of M.G.L, c. 21E, the MCP, or any order, permit or approval issued thereunder. 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 Page 3 3-11719 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) minent Hazards and Substantial Release Migration. Such in response to "sudden releases", Im persons must continue to evaluate the need for IRAs and notify the Department immediately if such a need exists. The Department has determined that an IRA is required, including, but not limited to the following response actions: 1. The removal and proper disposal of the impacted basement_floor— - 2. The excavation, stockpiling and proper disposal of a maximum of 100 cubic yards of contaminated soil from under the impacted basement floor. This approval also includes any shoring or other structural supports necessary to safely excavate the contaminated soil. 3. The installation and operation of a vapor phase granular activated carbon treatment system for the control of odors/VOCs .within the residence during. excavation operations. 4. If necessary, install and operate a dewatering/groundwater treatment system to dewater the areas being excavated. An emergency discharge permit must be obtained from the USEPA prior to system startup. The above response actions are necessary at the subject site to respond to the sudden release of over 30 gallons of #2 fuel oil from the 275 gallon aboveground storage tank located in the basement of the above referenced property. The release was the result, of a blow to the oil supply filter and valve assembly which snapped the assembly off the tank. You must employ or engage a Licensed Site Professional (LSP) to manage, supervise or actually perform the necessary response actions at the subject site. In addition, the MCP requires persons undertaking response actions at a disposal site to submit to the Department a Response Action Outcome Statement (RAO) prepared by an LSP in accordance with 310 CMR 40.1000 upon determining that a level of No Significant Risk already exists or has been achieved at a disposal site or portion thereof. [You may obtain a list of the names and addresses of these licensed professionals from the Board of Registration of Hazardous Waste Site Cleanup Professionals at (617) 556-1145.] There are several other submittals required by the MCP which are related to release -notification and/or response actions that may be conducted at the subject site in addition to an RAO, that, i f Page 4 3-1.1719 unless otherwise specified by the Department, must be provided to DEP within specific regulatory timeframes. The submittals are as follows: (1) If one has not been submitted, a Release Notification Form (RNF) must be submitted to DEP pursuant to section 310 CMR 40.0333 within 60 calendar days of the initial date of oral notification to DEP of a release pursuant to 310 CMR 40.0300 or from the date the Department issues a Notice of Responsibility (NOR), whichever occurs earlier; (2) Unless an RAO is submitted earlier, an Immediate Response Action (IRA) Plan prepared in accordance with 310 CMR 40.0420, or an IRA Completion Statement (3 10 CMR 40.0427) must be submitted to DEP within 60 calendar days of the initial date of oral notification to DEP of a release pursuant to 310 CMR 40.0300 or from the date the Department issues an NOR, whichever occurs earlier; and (3) Unless an RAO is submitted earlier, a completed Tier Classification Submittal pursuant to 310 CMR 40.0510, 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 of oral notification to DEP of a release pursuant to 310 CMR 40.0300 or from the date the Department issues an NOR, whichever occurs earlier. (4) Pursuant to the Department's "Timely Action Schedule and Fee Provisions", 310 CMR 4.00, a fee of$750 must be included with an RAO statement that is submitted to the Department more than 120 calendar days after the initial date of oral notification to DEP of a release pursuant to 310 CMR 40.0300 or after the date the Department issues an NOR, whichever occurs earlier, and before Tier Classification. A fee is not required for an RAO submitted to the Department within 120 days of the date of oral notification to the Department, or the date the Department issues an NOR, whichever date occurs earlier, or after Tier Classification. It is important to note that you must dispose of any Remediation Waste generated at the subject location in accordance with 310 CMR 40.0030 including, without limitation, contaminated soil and/or debris. Any Bill of Lading accompanying such waste must bear the seal and signature of an LSP or, if the response action is performed under the direct supervision of the Department, the signature of an authorized representative of the Department. Page v 3-11719 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 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 Timothy J. Boyle at the letterhead address or (617) 932-7600. All future communications regarding this release must reference the Release Tracking Number (RTN # 3-11719) contained in the subject block of this letter. Sincerely, --- --- - -v--- - Timothy J. le� Environm tal En eer if Mary Best.er-Colby Branch Chief Emergency Response Section MBC/TJB cc: DEP data entry/file N. Andover Board of Health N. Andover Fire Department Attachment; Release Notification Form; BWSC - 003