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HomeMy WebLinkAboutHampshire St. #31 - 6/27/2005Jul. 5. 2005 8:44AM No•9594 P. 2/4 � � y� COMMONWEALTH OF MASSACHUSETTS 01 EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION SOUTHEAST REGIONAL 01t`F1 CE 20 RIVERSIDE DRIVE, LAKEVILLE, MA 02347 608-946-2700 MITT ROMNEY ELLEN ROY HERZFELDER Governor Secretary KERRY HEALEY ROBERT W GOLLEDGE, Jr. Lieutenant Governor Cummiseinner 1JRGENT LEGAL MATTER: PROMPT ACTION NECESSARY June 27, 2005 Mr. John Porter RF:: MANSFIELD--BWSC Allied Waste Services holiday Inn -Transformer 1080 Airport Road 31 Hampshire Street Fall River, Massachusetts 02720 RTN# 4-19168 NOTICE OFR.TSPONSIRILITY M.C.L, c. 21E, 310 CMR 40.0000 ATTENTION: Mr, Porter On June 20, 2005 at 11:04 ant the Department of Environmental Protection (the "Department") received oral notification of a release and/or threat of release of oil and/or hazardous material at the above referenced property which requires one or more response actions.. An estimated tift000. (15) — twenty (20) gallons of non PCB mineral oil dielectric fluid was released from the pad mounted transformer at the above referenced location when a dumpster delivered by BFI was pushed into it. The release impacted the pavement and adjacent storm drain. Clean harbors Environmental Services was retained to conduct the required response actions. The. Massachusetts Oil and hazardous Material Release Prevention and Response Act, M.G.L. c.21E, and the Massachusetts Contingency Plan (the "MCP"), 310 CMR 40..0000, require the performance of response actions to prevent harm to health, safety, public welfare and the environment which may result from this release and/or threat of release and govern the conduct of such actions. The purpose of this notice is to inform you of your legal responsibilities under State law for assessing and/or romediating the release at this property. For purposes of this Notice of Responsibility, the terms and phrases used herein shall have the meaning ascribed to such terms and phrases by the MCP rmless the context clearly indicates otherwise. The Department has reason to believe that the release and/or threat of release which has been reported is or may be a disposal site as defined by the M.C.P. The Department also has reason to believe that you (as used in this letter, "you" rotors to Allied Waste Services as parent owner of BFI) are a Potentially Responsible Party (a "PRP") with liability wider M.G.L. 0.21E §5, for response action costs.. 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 M_G..L, c..21E §5. This liability is also "joint This information is available in alternate format Call Donald M- C.omea, ADA Cao.dinalar A 617-556d057.. TDn Smicc • 1-4110-298­2207. DEP on the Wedd Wide Web: http:/N",mass,iiov/dep 0 POW on Recydad Paper Jul, 5. 2005 8;45AM No. 9594 P. 2/4 and several', meaning that you may be liable for all response action costs incurred at a disposal site regardless of the existence of any other liable parties.. The Department encourages parties with liabilities under M.G.L. c.21 E to take prompt and appropriate actions in response to releases and threats of release of oil and/or hazardous materials. By taking prompt action, you may significantly lower your assessment and cleanup costs and/or avoid liability for costs incurred by the Department in taking such actions. You may also avoid the imposition of, the amount of or reduce certain permit and/or annual compliance assurance fees payable under 310 CMR 4.00. Please refer to M.G.L. c,21 E for a complete description of potential liability. For your convenience, a summary of liability underM,.G1, c.2 I E is attached to this notice. You should be aware that you may have claims against third parties for damages, including claims for contribution or reimbursement for the costs of cleanup. Such claims do not exist indefinitely but are governed by laws which establish the time allowed for bringing litigation. The Department encourages you to take any action necessary to protect any such claims you may have against third parties, TM WDLATE RESPONSE ACTIONS At the time of notification, the Department provided verbal approval to conduct the following Immediate Response Actions: Evacuation of the solid and liquid contents of the storm drain adjacent to the transformer.. The maintenance of absorbent booms in the second and third storms drains to capture any oil flushed by the next rain event. The impacted storm drains can be flushed, if it is determined to be warranted after the contents of the first storm drain are removed. All Remediation Waste must be properly store/handled and disposed of within .120 days from the date of generation per 310 CNM 40.0030. in addition to oral notification, 310 CMR 40.0333 requires that a completed Release Notification Form (RWSC-103, attached) be submitted to the Department within sixty (60) calendar days of June 23, 2005 You must employ or engage a Licensed Site Professional (LSP) to manage, supervise or actually perform the necessary response actions at this site_ 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 by calling (617) 556-1145 or visiting http://www.stite.ma.us/lsp. The Department has Dana Simpson of Clean l larbom Environmental Services as the LSP of Record for this release.. Additional submittals are necessary with regard to this notification including, but not limited to, the filing of a written IRA Plan, IRA Completion Statement and/or a Response Action Outcome (RAO) statement. The MCP requires that a fee of $1200.00 be submitted to the Department when a RAO statement is filed greater than 120 days from the date of initial notification. Specific approval is required from the Department for the implementation of all IRAs pursuant to 310 CMR 40.0420. Assessment activities, the construction of a fence and/or the posting of signs are actions that are exempt from this approval requirement. Jul, 5. 2005 8:45AM No,9594 P. 4/4 Unless otherwise provided by the Department, potentially responsible parties ("PR1"s") have one year fiom the initial date of notification to the Department of a release or threat of a release, pursuant to 310 CMR 40.0300, or from the date the Department issues a Notice of Responsibility, whichever occurs earlier, to file with the Department one of the following submittals: (1) a completed `tier Classification Submittal; (2) an RAO Statement or, if applicable, (3) a Downgradient Property Status. The deadline for either of the first two submittals for this disposal site is June 20, 2006. if required by the MCP, a completed Tier I Permit Application must also accompany a Tier Classification Subm ittaL. This 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 release and/or threat of release have been eliminated and a level of No Significant Risk exists or has been achieved in compliance with M..G..L.. c.21 E and the MCP. If you have any questions relative to this Notice, please contact Julie L Hutcheson at the letterhead address or at (508) 946-2852. All future communications regarding this release must reference the following Release Tracking Number' 4-19168.. Very truly yours, J Jd ez- Richard F. Packard, Chief Emergency Response / Release Notification Section P/JJII/bhh 4a9168.11ot2.dw Attachments; Release Notification Form,, BWSC-103 and Instructions Summary of Liabilityunder M.G.L. c21 E fb: Board of I lealth Board of Selectmen Fire Dept cc; Clean Harbors Div. Services 1501 Washington St POB 859048 Braintree, Massachusetts 02185-9048 ATTN: Dana Simpson, LSP Rich McCarthy Holiday Inn 31 Hampshire St. Mansfield, Massachusetts 02048 ATTN:. Russell Prentiss, General Manager