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Home My WebLink AboutRelease Notification and Notice of Responsibility - Correspondence - 3 MASSACHUSETTS AVENUE 3/10/2000 COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS ° r a d DEPARTMENT OF ENVIRONMENTAL PROTECTION Metropolitan Boston - Northeast Regional Office Y ARGEO PAUL CELLUCCI Governor BOB DURAND Secretary JANE SWIFT Lieutenant Governer LAUREN LISS Commissioner MAR. f 0 2000 Merrimac Valley Oil Co. RE: NORTH ANDOVER 3 Massachusetts Avenue 3 Mass. Ave. North Andover, Massachusetts 01845 RTN #3-19252 RELEASE NOTIFICATION Attn: Richard Lippold & NOTICE OF RESPONSIBILITY; MG L c. 21 E & CMR 110.0000 Dear Mr. Lippold: On February 8, 2000 at 8:06 p.m., the Department received oral notification of a release/threat of release of oillhazardous material at the subject location. The Department has reason to believe that the release/threat of release which was reported is or may be a disposal site as defined in the Massachusetts Contingency Plan (MCP), 310 CMR 40.0000. The Department also has reason to believe that you (as used in this letter "you" refers to Merrimac Valley Oil Co.) are a Potentially Responsible Party (PRP) with liability under Section 5A of M.G.L. c. 21E. This liability is "strict" meaning that it is not based on fault but solely on your status as owner, operator, generator, transporter, disposer or other person specified in Section 5A. This liability is also "joint and several", meaning that responsible parties are liable for all response costs incurred at a disposal site even if there are other liable parties. 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. Please refer to M.G.L. c. 21 E for complete description of potential liability. GENERAL RESPONSE ACTION REQUIREMENTS 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 This information is available in alternate format by calling our ADA Coordinator at(617)574-6872. 205a Lowell St . Wilmington, MA 01887 + Phone (978) 661--7600 • Fax (978) 661-7615 • TDD ## (978) 661.-7679 ��a Printed on Recycled Paper Merrimac Valley Oil Co. Page-2- 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 require, 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. 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) 556-1091.] There are several other submittals required by the MCA which are related to release notification and/or response actions that may be conducted at the subject site in addition to an RAO, that, unless otherwise specified by the Department, must be provided to DEP within specific regulatory timeframes. The submittals are as follows: (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 40.0317, a Notification Retraction may be submitted within 60 days of initial notification pursuant to 310 CMR 40.0335; otherwise, (2) If one has not been submitted, a Release Notification Form (RNF) [copy attached] 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; (3) Unless an RAO or Downgradient Property Status Submittal is provided to DEP earlier, an Immediate Response Action (IRA) Plan prepared in accordance with 310 CMR 40.0420, or an IRA Completion Statement (310 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 (4) Unless an RAO or Downgradient Property Status Submittal is provided to DEP earlier, a completed Tier Classification Submittal pursuant to 310 CMR 10.0510, and, if appropriate, a completed Tier I Permit Application pursuant to 310 CMR Merrimac Valley Oil Co. Page -3- 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. (5) Pursuant to the Department's "Timely Action Schedule and Fee Provisions", 310 CMR 4.00, a fee of $750 must be included with an I:AO 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. If you have any questions relative to this notice, you should contact the undersigned at the letterhead address or (978) 661-7600. All future communications regarding this release must reference the Release Tracking Number (RTN #3-19252) contained in the subject block of this letter. Si erely, ary est r-Co y Chief, Notification Branch Emergency Response MBC/fc cc: Fire Headquarters, 124 Main Street, N. Andover, MA 01845 Board of Health,'Town Building, N. Andover, MA 01845 Attachment: Release Notification Form; BWSC- 103 DEP data entry/file