HomeMy WebLinkAboutHampshire St. #31 - 6/27/2005Jul. 5. 2005 8:44AM No•9594 P. 2/4 � �
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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