Loading...
HomeMy WebLinkAboutMiscellaneous - 56 Glenncrest Road i / r 56 Glen Crest Road 97& Commonwea" �2�etr hod -qo&viz - Ao,-el� OV6;9 r M yVy y`' C Daniel S. Greenbaum � I&W0/&0/ � Commissioner June 21, 1991 Mr. James Plant RE: NORTH ANDOVER - ERB-N91-0701 P.O. Box 177 56 Glen Crest Road Frisco, CO 80443 NOTICE OF RESPONSIBILITY REQUEST FOR TECHNICAL -- INFORMATION PURSUANT TO M.G.L. CHAPTER 21E and 310 CMR 40.000 Dear Sir: On May 23, 1991, Department personnel investigated reports concerning the release of an undetermined amount of #2 home heating oil discovered upon the removal of a 330 gallon underground storage tank located at the above address. Approximately eight cubic yards of contaminated soil was stockpiled at the site as a result of said removal. Such incident is governed by The Massachusetts Contingency Plan (MCP) , 310 CMR 40.000 and Chapter 21E of the General Laws of Massachusetts (hereinafter "M.G.L. Chapter 21E") , the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, which was enacted on March 24, 1983. Chapter 21E and the MCP identify as responsible parties the current owner or operator of a site at which there has been a release or threat of release of oil or a hazardous material; the past owner or operator of a site where a release of hazardous material has occurred; any per"son who directly or indirectly arranged for the transport, disposal, storage or treatment of hazardous materials to or at such a site; and any person who caused or is legally responsible for a release or a threat of release of oil or a hazardous material at such a site. Such parties are liable without regard to fault; the nature of this liability is joint an!..' several. (M.G.L. C.21E, Section 5a) . This letter is to inform you in writing that: (1) The Department has determined that a release of #2 home heating - oil has occurred at the subject site. (2) Information available to the Department indicates that Mr. James Plant (hereafter referred to as "you/your") caused or are legally responsible for the release and are a liable and "responsible" party pursuant to Section 5(a) of Chapter 21E. Department personnel notified you verbally of your responsibility on May 23, 1991 and you accepted such responsibility at that time. Original Printed on Recycled Paper i ( F Mr. James Plant Page 2 I (3) Additional information is needed to better evaluate the need for further emergency response action at this site. Please, refer to page 3 for the requested information. (4) Should you fail to implement those actions deemed necessary by this Office, the Department may, pursuant to M.G.L. Chapter 21E, take or arrange for any and all necessary actions at the site. If public funds are expended under such conditions, Chapter 21E, Section 11 stipulates that the Attorney General of the Commonwealth of Massachusetts may initiate legal action against the responsible party(s) to recover all costs incurred by the Department in the assessment, containment, and removal of any release or threat of release of oil or hazardous materials. (5) The liability of responsible parties in (4) above includes: a. Administrative costs incurred by the Department in handling this matter; b. Interest charges on the total liability at the statutory rate of 12% compounded annually; c. Treble costing (i.e. , three (3) times the total amount of response costs the Department incurs) ; and d. All damages for the injury, destruction or loss of natural resources due to the release. This liability constitutes a debt to the Commonwealth. The debt, together with interest creates a lien on all your property in the Commonwealth. Lien placement will increase your administrative cost liability. This liability will further increase if the Department is required to go to court to recover its costs. Administrative and legal costs for simple spill cases which reach this stage total at g least $3,300.00. In addition to the foreclosure remedy provided by the lien, the Attorney General of the Commonwealth may recover that debt or any part of it in an action against you. You may also be liable under M.G.L. C.21E Section 11 for up to $100,000 in fines or penalties for each violation of C.21E as well as for additional penalties or damages pursuant to other statutes or common law. On May 23, 1991, at approximately 1:45 P.m. , Department personnel verbally notified you pursuant to Section 40.160 of the MCP of your responsibility for such release/threat of release. You accepted such responsibility at that time. Mr. James Plant Page 3 Your acceptance of responsibility for such release means that: (1) You have entered into a contract with a cleanup contractor, approved by the Department named, NEET of Groveland, Massachusetts to (a) perform the spill site assessment and cleanup as deemed necessary by the Department; (b) perform necessary analyses of the waste material and make arrangements for its '. appropriate treatment/disposal; (c) perform analysis of the soil impacted by the release to determine contaminant conditions at the site after the initial response to the incident; and (d) submit a report of their findings for review by the Department. And (2) you will pay for all response costs incurred by the Department due to such release. Pursuant to the Department's authority to perform information-gathering activities and its authority to investigate, sample and inspect records, conditions, equipment, practices or property under M.G.L. C.21E Sections 2, . 4 and 8, you are directed to provide to the_Department, within seven (7) days of the date of this letter, an incident report to include the following information: (1) a brief account of why, how and where such release occurred; and (2) a brief description of all emergency remedial actions that have been and/or will be taken relative to such release/threat of release; please include field screening data and/or analytical data (soil/groundwater) describing contaminant conditions at the site; and (3) an estimate, to the best of your knowledge, of the quantity of oil/hazardous material released; and (4) photocopies of all waste manifests for the oil released; and (5) diagrams and tables indicating locations of tanks, test pits, soil/groundwater sampling points, and laboratory results of soil/water samples taken from the "cleaned up" environmental media impacted by the release; and You are hereby notified that failure to respond to this letter in a timely manner, is a violation of 310 CMR 40.008 and the submission of false and inaccurate information is a violation of 310 CMR 40.009 and 40.011. Any such violations may subject you to legal action including criminal prosecution, court-imposed civil penalties, administrative orders and/or civil administrative penalties assessed by the Department pursuant to M.G.L. Chapter 21A. It is to your advantage to respond to this request for information in an adequate and timely manner, demonstrating that you have acted appropriately in taking necessary response actions relative to this release of #2 oil. r Mr. James Plant Page 4 Depending on the information generated by the above work, the Department may require additional investigations, studies and response actions in conformance with 310 CMR 40.000. If you fail to take these actions or if you fail to perform these tasks in accordance with the standards of the Department, the Department may perform response actions in your stead and recover its costs from you in accordance with the provisions described above. Your cooperation in this matter in `promptly accepting responsibility and initiating emergency remedial measures relative to this release is appreciated. Please excuse the legalistic tone of this letter, we are compelled by regulatory policy to outline statutory provisions relative to your potential liabilities at this site. Your response to the requested information and any further questions regarding this matter should be directed to Brad Stewart at the letterhead address or 935-2160 and refer to case num - number ERB N91- 0701. Very truly yours, Brad Stewa t q onmental nalyst ,I � c y R. uarci riello Chief, Emergency Response Branch RJC/BS/ae cc: DEP, BWSC, Div.of Response & Remediation, Boston D II EP, BWSC, Div.of Fiscal M mt. g /COS t, Recovery, Boston North Andover BOH North Andover Fire Dept. Mr. James R. Lafond, c/o R.C. Lafond Ins. Agency, 396 Andover St. , N. Andover, MA 01845