The URL can be used to link to this page

Home My WebLink AboutDEP - Notice of Responsibility - Correspondence - 285 HOLT ROAD 6/6/2019 R I i Commonwealth of Massachusetts w Executive Office of Energy Environmental Affairs F ue&�art-m:ent Envi'ronmental of Protection Northeast Regional Office 205B Lowell Street, 'ilmi g MA 0-18137 97 - -320 I' Charles D,Baker Kathleen&TheoharWes Governor Secretary Karyn E.Polito Martin Suvlberg Lieutenant Governor Commissioner JUN 0 5 2019, URGIENT LIEGALT4 PROMPT ACTION NECESSARY { Wheelabrator North Andolverhic NodhAndover Wheelabrator 100 Arboretum Drive Facility Ash Building Portsmouth,NH 03,801285 Holt Road RT N 3-35589 Attu KewB,eau,regard DYKE OF RE,,SPONSIBILITYo MGL c.21C 1&310 CMR 140.00,00 Dear Mr.,Beauregard: On a M April 2 2 1.9 at 715 am, the Massachusetts Department of Enviromnental, r c n 'ass received a notification o a releas " "release of 01"Ifflazardous Material at the subject location, which requires one or more Response Actions. Basied on this information, MassDEP has reason, to believe that to subject'property or portion(s) thereof s a disposal site defined, the Massacliusetts, Oil-and Hazardous Material Release Prevention and Response Act, M.G.L. c. 21E an,d the Massachusetts Contin eney Plan (MCP), 310 CN4R 40.0000. M.G.L. c,24E and the MCP govern the assessment and cleanup of'Disposal bites. The purpose of this notices to linfonn you of your legal responsibilities der state law for assessing and/or remediating the subj eci release. For purposes of this notice the ternis and phrases used herein shall have the ineaning ascribed to theme by the MCP unless the text clearly indicates otheiwise# " w a This Information Is,availableII alternate format.Call'Michelle Waters-Ek n rn,D't or ity Director,at 17- - 1.STY#Masallelay service 1.80,0-439-2370 Printed n Recycled Paper Wheelabrator Noith Andover Inc Notice of Responsibility Page 2 f'5 NTATUTORYLMILITIES M,assDEP also has,. reason, to believe that you s used in, this letter "you"' refers to eelabr t r North Andover Inc are a Potentially Responsible Party (PRP) with liability under 1 M.G.L. cr, 2 E, Section 5, for Response Action Costs, Section makes t% � l. w ica liable to the, Comm, onwealth of Massachusetts, current owners or operators o . site fTom or at which there is has been + i as b, eat of'release of off or, ardour material a y person who,owned or operated a site at the thne 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 transportedhazardous mat to to a transport,disposal, storage r treatment site ftom whichthere�s r,has been a release/threat ofreleaseof such tees, any person of amiss caused � s legally responsible bi for a release/threat of release of oil or hazardous material t a site. This liability I "strict" meaning that it is not based on fault but solely your status, as owner, operator', gen r, tor transporter or disposer. It is also t and several"' ea in g that your may be liable for all response action costs incurred t the site, regardless the existence of any other liable parties. The MCP requires responsible parties to take necessary Response Actions properties �, t where there r has been, � e se or threat f release f oil and/or hazardous material. If you do not take the necessary Response►ns Actions, or fail to perforn-tthem in an approprintetimely manner, MassDEP is authorized by G.L. c. 21E to have the work petfortned by its contractors, y taking, such actions, you can avoid liability for Response Action Costs incurred, by MassDEPI and its conhactors in, performing these ,actions, and any sanctions, which may be imposed, Boy~ failure to performResponse Actions r the MC PO You may be liable for up to three 3 times all Response Action Costs incut*red by 6 t M ssDE r Response Action Costs include, without limitation, the cost of irect hours spent by IF MassDE employees arranging for response actions or overseeing work performed y persons other tan sDE its contractors, expenses m" curred by M ssDEP � Suppoit of those direct hours, and payments to MassDEP's contractors., (For more detail on cost liability, see 3 10 CMR 40.1200.) ssD ET may also assess interest on costs incurred at the rate of twelve ercent (12%), compounded annually. secure payment thi's debt, the Commonwealth may place liens on all of your property in tb,e Commonwealth,. To recover the debt, the Cotmuonwealth may foreclose on these liens or the Attorney General may bring ie ai action against you, 1 In addition to your liability for up to three t4nes all, response action costsmcurred by r Mass,you may also be liable to the,Conunonwealth for damages to natural yes urces caused,b the release., Civil and crm* *iin liability may also be imposed under M.G.L. c., 2 1 E, § 1,1, and civil administrative penalties may L)e imposed under M.G.Q. c. 2 A, § 16,for each violation of M.G.L., C. 2 E,the MC, ,or any order,permit or approval issued hereunder. e B e 1 Wheelabrator North Aar Inc Notice of Responsibi Page 3 of 5 NECESSARY ,SPONSE ACTIONS The subject site shall not be deemed to have all the necessary and re .Response Actions taken unless and,until all Substantial Hazards presented by the site nave been eliminated and a level f Significant Risk exists or has been achieved in cow ee with ,G, . e,, 2 E and lthe MCP. In, addition, the MCP requires persons undeilaking Response-Actions at Disposal, Sitesperform Immediafe Response Actions, s response to "sudden releases" mment Hazards Substantial Release Migration, Such persolnust continue to evaluate the need for IRAs and notify ass di t 'if such,a need exists. ass EP has, determined that an IRA is necessary to, respond to, a release of Ot"t and/or Hazardous Material at the subject site. You are authoriz conduct only the specific, response actions for which you receiv ed oral approval from MassDEP at the fifi a oral notifteation was provided to MassDEP f the release of Oil and/or azardous Materials. All additional ImmediateResponse Actions require MassDEP approval In accordance with 310 CMR,40.0420. ,MassDEP reininids, you that IRAs must inc site assessment activities necessary to evaluate potential Imminent Hazard I Substantial ReleaseM*grafion (SRMand Critical Exposut4e Pathw � (CEP) conditions. lti al Immediate Response Actions will e required in the event that one or more these conditions are observed. a You must e p r engage a Licensed Site Professional (LS to manage, supervise or actually perform the necessm,y response actions at the subject site'r In addition, tne MCP requires N k persons undertaidng response actions at a disposal site subm sDEP a Permanentsolution Statement tired by an, LSD n accordance with 3 10 CMR 40.1000 upon determiw*ng that a level f No Si gnift cant Risk air exists or has been achieved,at a disposal site or portion thereof [You may obtain a list of the narnes and addresses of these licensed professionals, fiom the Board of Registration of Hazardous Waste site Cleanup Professionals at w hit :/ w.m s ee e es is r(617)55 1091 M There are severat other submittals re u]red. by the MC,P which are related to release a r tl;f tin and/or, Response Actions that may be conducted at the subject site 'n a itl 11, to a d Pennanent Solution, Statement, 'that unless otherwise specificd by MassDEP, must be provided t MassDEP vat in specitic regulatory ti"meftames.The sub `teals,are as follows. el l if intormation is obtall"ned after making an oral or �written n li i .. to indicate that,the release or t -'-eat of release didn't occur, failed, to meet the repoiling criteria at 3 10 OAR 40.0311 through 40,0315, oar is exempt from nofification pursuant to 3110 CMRl 40.0317, Notl e tl hetraetl n may be submitted within 60 days of lr .ti l notification pursuant t Wheelabrator North Andover Ine Notice of RHt esponsiI , e 4 of 5 (2) If a Notification Retraction has, not been submitted, Release, Notification Form RNF must submitted M ss EP pursuant to section 3 10 CMR 40.0333, witbin 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 s�s EP "issues a Notice of Responsibility (NOR), whichever 6 � submitted aN N J occurs earlier, The RNF can either e e submitted ctr �mcaliy or usaig the PDF Form a (3) Unless a Permanent Solution Statement our Dovnigradient Proper Status Submittal s provided to ' ass EP earlier,. an ImmediateResponse Action Plan, prepared accordance with, 3 10 CM R, 4 . 2 ., an IRA Completion 'S 3 10 CMR 40.0427) must,, e su bmi' ted to MassDEP within 60 calendar days of the initial date of' oral notification Massy of a release pursuant ant 310 CMR 40.0300or, fi-o�m the date MassDEP issues an NOR,whichever occurs earlier- and (4) UnlessPermanent Solution n � � gradient Property Status Submittals roviMasi * er let Tier ClassificationSubmittal a rsu an 310 CNR 40.051 , must be submitted within one year of the 'initial lute of notification of a release pursuant an CMR. . 3 00 or fi-gym the date MassDEP issues an NOR, i h e occurs earlier* or as otherwise specified. by the Department in an Inten"mDeadline our order issued pursuant to 3 10 CNM 40.0501 2 # (5) to MassDEPs "Timely Action Schedule and Fee Pr is ons", 310 CMR 4.00', the appropriate ` e must be M' cluded with, a, Permanent Solution tat m ,t that 's submitted ssDEP more than 12 e ar days after the u al date of Deal notification to,MassDEP of release pursuu t to 31 0 CMR 40.030 , or more the 120 calendar days after the date ssDEPis u es an NOR, whichever ccu is earlier, and beforeTi,e,r Classification. A " s u required,r for a.Permanent Solution Statement subm ittedto MassDEP within 2 days Of the date of oralnotification o MassDEP, or within 1,20 days of the date MassDEP issues an NOR,.whichever eats occlude earlier,or after Ties Classification. It is important to note, that your must dispose of any Retnediation Waste generated t this subject loc ti i* accordance with. 310 CMR 40.00,30including, wito u ice, .i n, cone "hated. soil and/or debris. Any Bill of Lading c m u y u such waste must b.elar the seat and signature of all LSP or, if the response action 'is pe6ormed under the direct supeiwision. of ss , the signature of an authorized raze representative of M s DE . assDEP encourages parties with liability under M.G.L. c, 2 to take prompt action n s on se releases u threatsof x leas oil d hazardous r� z s material.By a . om action, you may significantly lower, your assessment and cleanup costs and avoid. the "InlPosition of, or certain a cam Hance fees 'for response actions able under 3 CMR dui � `, annual � 4.00. . i �t e Wheelabrator Nodh Andover Inc Notice of Responsibility Fags 5 of 5 If u have any questionsr 1 e to thl"s notice, you should contact the undersigned at the 1 1 fetterhead a �address (978) 69 33 6. Ali fates c 'cations regardiing this release must re ence the R l se •ao . Number RTN 3-35589 contained in tbe subjec,t block of tbis letter. M Sincerely, w Ada Babroudi Environmental Engineer Bureauof'Waste Site Cleanup ssDE 'Ma N'oitheast Regional, Office a c. at � Health,Town of North And devt&t a MassD:EP data entry/file (NOR Issued N u u r p F if 1f 1 n J 4 t