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HomeMy WebLinkAboutNotice of Responsibility - DEP - Correspondence - 109 MAIN STREET 8/23/2024 iiCommonwealth of Massachusetts Executive Office of Energy &Environr-riental Affairs EnvironmentalDepartment of l lclnllreast 16 eg1oi,4l Office•1 � M� � � � y f ellruulrin, In IIA 18011 - 78 G94 nwl�O0 I-I u�euu a Irltilcl u Maiisirn II 11 Nnaiioy Ga'db c ca IL...'ll+sllzllxd ii. Q"Q"Wvtl.'°h nn or Sec Irk I'•III.�y i iroll;oall Y I[)I iisro ll l ioini uiie II Ilvoll'illlo I alulCsununu Governor August 15, 2024 San Lau Realty Trust RE: North Andover 119 Main Street-#3 Messina Plaza—Downgradient Area North Andover, Massachusetts 01845 109 Main Street RTN: 3-50627 Attention: Anne Messina via electronic email: salemsmonl 15(a hotmail.com NOTICE OF RESPONSIBILITY & Interim Deadline Conditions for Assessment-only Immediate Response Actions URGENT LEGAL MATTER: PROMPT ACTION NECESSARY Dear Anne Messina, On August 9, 2024, at 3:08 p.m., the Massachusetts Department of Environmental Protection (MassDEP)received oral notification of a release/threat of release of oil/hazardous material at the subject location. MassDEP has reason to believe that the location of the subject release/threat of release or a portion thereof is or may be a disposal site as defined in the Massachusetts Contingency Plan (MCP), 310 CMR 40.0000. MassDEP also has reason to believe that you (as used in this letter"you"refers to San Lau Realty Trust) are a Potentially Responsible Party (PRP) with liability under Section 5A of M.G.L. c. 21E for costs and damages associated with the subject release. 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. MassDEP encourages parties with liability under M.G.L. c. 2 1 E 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. This information is available in alternate format.Please contact Melixza Esenyie at 617-626-1282. TTY#MassRelay Service 1-800-439-2370 MassDEP website: w.mass.gov/dep San Lau Realty Trust Notice of Responsibility Page 2 of 5 CONDITIONS AND INTERIM DEADLINE FOR THE ASSESSMENT-ONLY IMMEDIATE RESPONSE ACTION You are reminded that at the time of initial notification, MassDEP gave you or your representative approval to conduct an "Assessment-only" Immediate Response Action(IRA). Please be advised that assessment activities must be completed as quickly as possible in order to determine whether or not immediate or accelerated response actions are necessary at this site to prevent, eliminate or minimize damage to health, safety, public welfare or the environment. You are hereby notified that, the approved IRA assessment actions must be completed at the subject site within ten (10) months of the notification date for the subject release or threat of release. Unless you have submitted a Permanent Solution Statement or Downgradient Property Status Submittal to MassDEP, you must submit an IRA Completion Statement or a Modified IRA Plan/IRA Status Report addressing proposed remedial IRA actions to be undertaken at the site no later than 10 months after the notification date. This 10 month deadline is established as an "Interim Deadline". Section 310 CMR 40.0167 of the MCP allows MassDEP to establish and enforce reasonable Interim Deadlines consistent with M.G.L. c. 21E in order to establish timeframes for responsible parties to perform response actions at disposal sites. MassDEP's decision to establish one or more Interim Deadlines in accordance with 310 CMR 40.0167 is not subject to M.G.L. c. 30A or any other law governing adjudicatory proceedings. GENERAL RESPONSE ACTION REQUIREMENTS You are authorized to conduct only the specific response actions for which you received oral approval from MassDEP at the time you provided oral notification to MassDEP of the subject release. All additional Response Actions require MassDEP approval in accordance with 310 CMR 40.0400. There are several other submittals you should be aware of that are required by the MCP: (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; (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 hqp://www.mass.gov/eea/docs/dej2/cleanup/qpj2rovals/bwsc-1032 df, (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 San Lau Realty Trust Notice of Responsibility Page 3 of 5 CMR 40.0420, or an IRA Completion Statement (310 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 310 CMR 40.0510 must be submitted to MassDEP within one year 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 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 fee is not required for a Permanent Solution Statement submitted to MassDEP within 120 days of the date of oral notification to MassDEP, or within 120 days of the date MassDEP issues an NOR, whichever date occurs earlier, or after Tier Classification. 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 MassDEP a Permanent Solution Statement 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 http://www.mass.gov/eea/agencies/lsp/ or (617) 556- 1091.] 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 MassDEP,the signature of an authorized representative of MassDEP. San Lau Realty Trust Notice of Responsibility Page 4 of 5 If you have any questions relative to this notice, you should contact Maxwell Scott by email at maxwell.scottkmass.gov, at the letterhead address, or by calling (978) 447-0684. All future communications regarding this release should reference the Release Tracking Number contained in the subject block of this letter. Sincerely, Kyle MacAfee Environmental Engineer, Environmental Emergency Response Program Bureau of Waste Site Cleanup,Northeast Regional Office eCC: Board of Health, Town of North Andover, Director, Mr. Brain LaGrasse,bla_rg asse cknorthandoverma. og_v MassDEP data entry/File (NOR/Issued, C&E/Intlet) San Lau Realty Trust Notice of Responsibility Page 5 of 5 Please Be Aware of MassDEP Fees Unless response actions at this site are completed within one year of the release notification date,you will be billed an Annual Compliance Assurance Fee by MassDEP for each year thereafter up to and including the year in which a Permanent Solution is achieved and filed for this disposal site. Annual Compliance Assurance Fees cover a portion of MassIDEP's costs for ensuring compliance of response actions with the Massachusetts Contingency Plan.Annual Compliance Assurance Fees are issued pursuant to M.G.L. chapter 21 E Section 3B and 310 C M R 4.00, the Timely Action Schedule and Fee Provisions. Fee categories and rates are summarized as shown below. Fees invoiced by MassDEP are considered a debt to the Commonwealth. Unpaid fee invoices are typically referred for collection action. Contact your Licensed Site Professional to discuss what is necessary to complete the response actions required for this site as quickly as possible. For more information on the Annual Compliance Assurance Fees that apply in your case, see the "Fees and Payments" entry at httos://www,mass.gov/1ists/site-oleanur)-fact-sheets or contact your Licensed Site Professional or the MassDEP Fee inquiry line at(617)292-5545. A thorough & timely cleanup will result in fewer MassDEP Fees, SUMMARY OF MassDEP ANNUAL COMPLIANCE ASSURANCE FEES Timing of Submittal lforOne-Tim a fees) Fee Rate Type Fee Category Within 120 days of After 120 days and prior After Tier initial notification to Tier Classification.:. Classification Non-Homeowner Homeowner' Permanent Solution Permanent Solution Fee See Ncta4 $1,470 $735 One-Time RAM Plan RAM Fee RAM Fee $980 $490 Fees' DPS CPS Fee OPSFee $1,965 $1,965 Notice of AU L. AUL Fee AUL Fee AUL Feel $2,000 $1,000 Tier ID $4,915 $2,455 Regular Tied $4,320 $1,225 Annual Tier 11 $2,455 $1,225 Fees' Temporary Solution $980 $490 Phase $980 $490 1.One-Time Fees must be paid when submittal is made, Bw5(-v-f,-x58 2.RegularAnnual Fees are billed by MassDEP after Tier Classification;Fee Category is based on Status ofs1te on each Annual Status Data; 3:Completed Ham eownerCertification Form BWSC120 is required to qualify for lower Homeowner fee rates, 4:One-Time Permanent Solution Fee also applies ifsite is Tier ID and submittal is made within first 90 days after initial Status Date, 5:One-Time AUL Fee is applicablefor a Notice cf AUL filed priorto or concurrent with a Permanent Solution.