HomeMy WebLinkAboutLegal Notice - 40 DUNCAN DRIVE 7/25/1995 i
Executive Office of Ena ronmental Affairs V lu
Department f
Environmental protection
Metro Boston/Northeast Regional Office
William F. Weld
Govemor
Trudy S.EOEA Coxe
EOEA tl�o
Secretary, �} 1�
David B.Struhs
Commissioner
Martha Love RE: NORTH ANDOVER
785 Palmer Road 402 Boxford Street
Mill Spring, NC 28756 RTN #3-12612
RELEASE NOTIFICATION &
NOTICE OF POTEiv FUL
RESPONSIBILITY; MGL c. 21E&
310 CMR 40.0000
Dear Ms. Love:
On June 23, 1995 at 12:50 p.m., the Department received oral notification of a
release/threat of release of oil/hazardous 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 401.0000. The
Department also has reason to believe that you (as used in this letter "you" refers to yourself)
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. 21E 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 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 to perform Immediate Response Actions (IRAs) in response to "sudden releases",
10 Commerce Way • Woburn,Massachusetts 01801 9 FAX(617)932-7616 • Telephone(617)932-7600
Martha Love
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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 detennining that a level of No S janificant Fisk 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, 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 a 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 must be submitted within 60 da.,`s of initial notification pursuant
to 310 CMR 40.0335; otherwise,
(2) 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;
(3) 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 (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 CINIR 40.0300 or from the date the
Department issues an NOR, whichever occurs earlier; and
(4) 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.
(5) Pursuant to the Department's "Timely Action Schedule and Fee Provisions", 310 CMR
Martha Love
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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.
If you have any questions relative to this notice, you should contact the undersigned at
the letterhead address or (617) 932-7600. All future communications regarding this release must
reference the Release Tracking Number (RTN #3-12612) contained in the subject block of this
letter.
Sincerely,
Mark Casey
Environmental En 'neer
Site Assessment Branch
MC/kc
cc: Fire Dept., 124 Main St., N. Andover, MA 01845
Board of Health, Town Bldg., N. Andover, MA 01845
Flintlock, Inc., P.O. Box 531, N. Andover, MA 01848 - Attn: David Kindred
DEP data entry/file
Attachment: Release Notification & Notific-ation Retraction Form;
BWSC - 103