HomeMy WebLinkAboutLegal Notice - 8/17/2018 M: Commonwealth of Massachusetts
Executive Office of Energy Environmental Affairs
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Der-tartment of Environmental Protection
Northeast Regional Office-205B Lowell Street, Wilmington MA X11887 a 978.894-3POO
Charles D. Baker Matthew A.Beaton
Governor Secretary
Karyn E.Polito Martin Suuberg
Lieutenant Governor Commissioner
MAY I 1 2010
URC'rENT LEGAL MA'I-fER: PROMPT ACTION NECESSA11V
Louis J. Kmiec Jr. Estate RE: North Andover
6 Independence Avenue 707 Turnpike Street
Kingston,NH 03848 RTN 3-34826
Attention: Cheryl Fitzpatrick
NOTICE OF RESPONSIBIIATY;
MGL c. 21E & 310 CMR 40.0000
Dear Ms. Fitzpatrick:
On April 18, 201.8, at 3:33 pm, the Massachusetts Department of E'rivixontnental Protection
(MassDl--,-'P) received oral notification of a release/threat of release of Oil/l-lazardous Material at the
subject location, which requires one or more Response Actions. Based on this information,
MassDEP has reason to believe that the subject property or portion(s) thereof is a clisposal site as
defined in the Massachusetts Oil and Hazardous Material Release Prevention and Response Act,
M'.G1. c, 21E and the Massachusetts Contingency Plan (MCP), 310 CMR.40.0000. M.G.L. 0.21E
and the MCP govern,the assessment and cleanup of Disposal Sites,
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.Call Michelle Waters-Ekanern,Diversity Director,at 617-292-6751.TTY#Mass Relay Service 1.800-439-2370
MassDEP Website:www.inass.gov/dep
Printed on Recycled Paper
Louis J. Kmiec Jr. Estate
Notice of Responsibility
Page 2 of 5
STATUTORY LIABILHUS
MassDEP also has reason to believe that you (as used in this letter "you" raters to Louis J.
Kmiec Jr. Estate) ate a Potentially Responsible Party (PRP) with liability under M.G.L. C. 21F,
Section 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 I-Z)r a release/threat of release of oil or hazardous material at a site.
This liability is "strict" meaning that it is not based On fault but solely on. your status as
owner, operator, generator, transporter or disposer. It is also "joint and. several", meanirig 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, MassDEP 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 MassDEP
and its contractors in performing these actions, and any sanctions, which may be imposed, for
1.1tilure to perforni Response Actions under the MCP.
You may be liable for up to three (3) times all Response Action Costs incurred by
MassDEP. Response Action Costs include, without limitation, the cost of direct hours spent by
MassDEP employees arranging for response actions or overseeing work performed by persons other
than MassDEP or its contractors, expenses incurred by MassDEP in support of those direct hours,
and payments to MassDEP's contractors. (For more detail on cost liability, see 31.0 CMR 40.1200.)
MassDEP 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 lbreclose 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
MassDEP, 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.G1. c. 21E, § 11, and civil
administrative. inistrative penalties may be imposed under M.W., c. 21A, § 16 for each violation of M.G.L. c,
21 E,the MCP, or any order,permit or approval, issued hereunder.
Louis J. Kmiec Jr. Estate
Notice of Responsibility
Page 3 of 5
NECESSARY RESPONSE ACTIONS
The subject site shall not be deemed to have 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 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
MassDEP immediately if such a need exists.
MassDEP has determined that an IRA is necessary to respond to a release of Oil
and/or Hazardous Material at the subject site.
You are authorized to conduct only the specific response actions for which you
received oral approval from MassDEP at the time oral notification was provided to MassDEP
of the release of Oil and/or Hazardous Materials. All additional Immediate Response Actions
require MassDEP approval in accordance with 310 CMR 40.0420.
MassDEP reminds you that IRAs must include site assessment activities necessary
to evaluate potential Imminent Hazard (HI), Substantial Release Migration (SRM), and
Critical Exposure Pathway (CEP) conditions. Additional Immediate Response Actions will
be required in the event that one or more of these conditions are observed.
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 submit to MassDEP a Permanent Solution
Statement prepared by an LSP in accordance with 310 CMR 40.1000 upon cleterm ining 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
hit iesp7) 556-1091.]
.p://www.mass.gov/eeaJagenq /Is / or(61
_
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 a
Permanent Solution Statement that, unless otherwise specified by MassDEP, must be provided to
MassDEP within specific regulatory timeframes. The submittals are as Collows:
(1) If information is obtained after making an oral or written notification to indicate that the
release or threat of release didn't occur, failed to meet the reporting criteria at 310 CMR
40.0311 through 40.0315, or is exempt from notification pursuant to 310 CMR 40.031.7, a
Notification Retraction may be submitted within 60 days of initial. notification pursuant to
310 CMR 40.0335;
Louis J. Kmiec Jr. Estate
Notice of Responsibility
Page 4 of 5
(2) If a Notification Retraction has not been submitted, a Release Notification Form. (RNF)
must be submitted to MassDEP pursuant to section 310 CMR 40.0333 within 60 calendar
days of the initial date of oral. notification to MassDEP of a release pursuant to 310 CMR,
40.0300 or from the date MassDEP issues a Notice of Responsibility (NOR), whichever
occurs earlier. The RNF can either be submitted electronically or using the PDF Form at
bgp.:://www.mass.gov/cea/does/dep/cleaiitit)/,,tt)t)rov,,tls/bwse-tO3.pd-f;
(3) Unless a Permanent Solution Statement or Downgradient Property Status Submittal is
provided to MassDEP earlier, an Immediate Response Action (IRA) Plan prepared in
accordance with 310 CMR 40.0420, or an IRA Completion Statement (31.0 CMR 40.0427)
must be submitted to MassDEP within 60 calendar days of the initial date of- oral
notification to MassDEP of a release pursuant to 310 CMR 40.0300 or from the date
MassDEP issues an NOR,whichever occurs earlier; and
(4) Unless a Permanent Solution Statement or Downgradient Property Status Submittal. is
provided to MassDEP earlier, a completed Tier Classification Submittal pursuant to 31.0
CMR, 40.0510 must be submitted within one year of the initial. date of notification of a
release pursuant to 310 CMR 40.0300 or from the date MassDEP issues an NOR,whichever
occurs earlier or as otherwise specified by the Department in an Interim Deadline or order
issued pursuant to 310 CMR,40.0501 (2).
(5) Pursuant to MassDEP's "Timely Action Schedule and Fee Provisions", 310 CMR 4.00, the
appropriate fee must be included with a Permanent Solution Statement that is submitted to
MassDEP more than 120 calendar days after the initial date of oral notification to MassDEP
of a release pursuant to 310 CMR 40.0300, or more than 120 calendar days after the date
MassDEP issues an NOR, whichever occurs earlier, and before Tier Classification. A Ice is
not required for a Permanent Solution Statement submitted to MassDEP witlim, 120 days of
the date of oral noti fication to MassDEP, or within 120 days of the date MassDEP issues all
NOR,whichever date occurs earlier,or after Tier Classification.
It is important to note that you must dispose of any Rcmediation 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 MassDEP, the
signature of an authorized representative of MassDEP.
MassDEP encourages parties with liability 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 annual compliance fees for response actions payable under 310 CMR
4.00,
Louis J. Kmiec Jr. Estate
Notice of Responsibility
Page 5 of 5
If you have any questions relative to this notice, you should contact the undersigned at the
letterhead address or (978) 694-3386. All future communications regarding this release must
reference the Release Tracking Number RTN 3-34826 contained in the subject block ofthis letter,
Sincerely,
Ida Babroudi
Environmental Engineer
Bureau of Waste Site Cleanup
MassDEP,Northeast Regional Office
cc: Board of Health,'I'owD of North Andover,
"via electronic submittal",hmfltbdeptr)townqfnorthandQy!r om
'MassDEP data entry/file (NOR Issued)